Andhra Pradesh High Court - Amravati
Sri Venkata Sandhya College Of ... vs The State Of Andhra Pradesh on 1 October, 2024
APHC010359932024
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3330]
(Special Original Jurisdiction)
TUESDAY, THE FIRST DAY OF OCTOBER
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO
WRIT PETITION Nos.18251, 18252, 18254, 18257 AND 18263 OF 2024
WRIT PETITION No: 18251/2024
Between:
Madina D El Ed College ...PETITIONER
AND
The State of Andhra Pradesh and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1. GINJUPALLI SUBBA RAO
Counsel for the Respondent(S):
1. GP FOR SCHOOL EDUCATION
2. VENNA HEMANTH KUMAR(CENTRAL GOVERNMENT COUNSEL)
The Court made the following:
2
COMMON ORDER:
The present Writ Petitions are filed under Article 226 of the
Constitution of India and the relief sought for in all the Writ Petitions is
similar and against the same respondents and the relief sought in one of
the Writ Petition, i.e., W.P.No.18251 of 2024, is as follows:
".....to issue a writ, order or direction more particularly one in the
nature of writ of Mandamus by declaring the action of the 3rd
respondent in derecognizing the recognition of the petitioner-
institution through proceedings, vide
F.SRO/NCTE/SRCAPP711/AP/D.El.Ed./2021/126046-5053 and
F.SRO/NCTE/SRCAPP2734/AP/D.El.Ed.-A1/2021 dated 13.04.2021
and to set aside the order of de-recognition passed by 3rd
respondent against the petitioner herein and pass such other
order...."
2. Admittedly, all the writ petitioners-institutions were granted
recognition to conduct D.El.Ed., as per the regulations of the National
Council for Teacher Education Act, 1993, by the NCTE (SRC).
3. The 3rd respondent has de-recognized the recognition of the
petitioners-institutions on 13.04.2021, alleging that the managements of
private D.El.Ed. colleges have made admissions into D.El.Ed. course on
their own, in violation of government orders and a show cause notice
dated 29.06.2020 was issued calling for explanation and a final show
cause notice was issued on 03.11.2020 and the petitioners-institutions
have offered their explanation, dissatisfied with the explanations offered
and also failed to submit the documents/information, as directed by the
NCTE (SRC), have decided to withdraw the recognition. Accordingly, the
petitioners-institutions were de-recognized through the impugned
proceedings.
4. The same was assailed in the present Writ Petition on the ground
that while de-recognizing the recognition, no notice was issued to the
petitioners, as contemplated under Section 17(1) of the National Council
for Teacher Education Act, 1993, (for short, „the Act 1993‟) and therefore,
prayed to set aside the impugned order.
5. Learned standing counsel for the respondents 3 and 4 Sri Venna
Hemanth Kumar, filed counter and reiterated the counter averments and
orally stated that after founding some irregularities in the petitioners-
institutions, the 3rd respondent-The National Council for Teacher
Education has issued show cause notice calling for explanation and there
is no response from the petitioners-institutions, then it made NCTE (SRC)
to deliver the impugned proceedings.
6. Learned counsel for the petitioners relied on the judgment of the
Hon‟ble Apex Court in National Council for Teacher Education and
another v. Vaishnav Institute of Technology and Management1.
7. On perusal of the judgment of the Hon‟ble Apex Court cited by the
learned counsel for the petitioners-institutions, therein the NCTE
authorities during the inspection of the institutions have noticed some
irregularities and deficiencies and held that "when contraventions are
found, then a notice needs to be given by the Council to the recognized
institutions concerned pointing out to it the deficiencies noticed during
inspection, if the institution fails to remove the deficiencies so pointed out
the action under Section 17 of the Act may be taken".
8. In the present case on hand, notices served but the petitioners-
institutions have not responded to the notice and the notice issued by the
NCTE is for giving admissions in contravention to the G.O.Ms.No.30
dated 08.07.2015, hence, the judgment relied by the petitioners is not
applicable in the circumstances of the case.
9. As per the proviso to Section 17(1) of the Act 1993, before passing
an order de-recognizing the petitioner-institution, the 3rd respondent shall
(2012) 5 SCC 139
give an opportunity of making representation against the proposed order
has been given to such recognized institution.
10. Under sub-section (1) of Section 17 of the Act 1993, where the
Regional Committee is, on its own motion or on any representation
received from any person, satisfied that a recognized institution has
contravened any of the provisions of the NCTE Act it may withdraw
recognition of such recognized institution, for the reasons to be recorded
in writing but the proviso manifestly discloses that no withdrawal of
recognition can be ordered unless a reasonable opportunity of making
representation against the proposed order has been given to such
recognized institution.
11. On careful perusal of the provision that withdrawal of recognition is
after giving a reasonable opportunity to such recognized institution. Hence
the contention raised by the institution is acceptable.
12. In view of the proviso appended to Section 17(1) of the Act 1993,
the respondents invariably have to issue a notice before de-recognizing
the institution.
13. As there is a dispute with regard to the issuance of show cause
notice, the 3rd respondent is hereby directed to issue a fresh show cause
notice to the petitioners-institutions calling for explanation and, on
receiving such show cause notice, the petitioners-institutions are hereby
directed to submit explanation. On receiving such explanation, the 3rd
respondent shall pass appropriate orders in accordance with law, as
contemplated under the Act 1993 and communicate such decision to the
petitioners-institutions.
14. With the above directions, all the Writ Petitions are disposed of.
There shall be no order as to costs.
As a sequel thereto, Miscellaneous Petitions pending, if any, shall
stand closed.
__________________________________
JUSTICE TARLADA RAJASEKHAR RAO
Date: 01.10.2024
Note: Issue CC in ten (10) days
B/o
siva
THE HON'BLE SRI JUSTICE TARLADA RAJASEKHAR RAO
WRIT PETITION Nos.18251, 18252, 18254, 18257 AND 18263 OF 2024
Date: 01.10.2024
siva
