Andhra Pradesh High Court - Amravati
Akshara College Of Elementary Teacher ... vs The State Of Ap on 1 October, 2024
APHC010360022024
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.18253, 18256, 18258 AND 18261 OF 2024
WRIT PETITION No: 18253/2024
Between:
Bala Sundaram College Of Elementary Education ...PETITIONER
AND
The State of AP 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.18253 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.SRC/NCTE/57/D.El.Ed./AP/2023/141531 dated 27.03.2021 and
to set aside the order of derecognition passed by 3 rd respondent
against the petitioner herein and pass such other order...."
2. De-recognition of the petitioners-institutions by the 3rd respondent
is assailed in these batch of Writ Petitions.
3. Learned standing counsel appearing for the respondents 3 and 4
Sri Venna Hemanth Kumar, would submit that a show cause notice was
issued under Section 17 of the National Council for Teacher Education
Act, 1993, (for short, „the Act 1993‟) through e-mail in the covid period,
on the ground of violation of the rules relating to admission of students
into various private D.El.Ed. colleges as stipulated by the Government
of Andhra Pradesh in G.O.Ms.No.30, dated 08.07.2015. The
petitioners-institutions and some other institutions have filed Writ
Petitions on the ground that no show cause notice was served on the
petitioners and the notice sent through e-mail is not proper.
Considering the said contention raised by the petitioners-institutions,
this Court in a batch of Writ Petitions, i.e., W.P.No.7002 of 2022 and
batch, while allowing the Writ Petitions by setting aside the show cause
notice sent through e-mail and directed the 3rd respondent to issue a
fresh show cause notice to the petitioners-institutions and also directed
the petitioner-colleges to offer their explanation to the show cause
notice issued afresh.
4. Learned standing counsel for the respondents 3 and 4 would
submit that in pursuance of the orders of this Court in W.P.No.7002 of
2022 and batch, the respondent-authorities have issued fresh show
cause notice on 16.01.2023 calling for explanation from the petitioners-
institutions, but the petitioners have not submitted their explanation,
therefore, they have issued the impugned proceedings de-recognizing
the recognition granted to the petitioner-institution, hence prayed to
dismiss the Writ Petitions.
5. Learned counsel appearing for the petitioners-institutions would
submit that under the Act 1993, before de-recognizing the institution, the
respondent-authorities shall conduct inspection under Section 13 of the
Act 1993, and no inspection was conducted before de-recognition and
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.
6. 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".
7. 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.
(2012) 5 SCC 139
8. The impugned order dated 27.03.2023 came to be passed in
exercise of power conferred under Section 17 of the Act by the 3rd
respondent withdrawing the recognition granted to the petitioners-
institutions for not submitting reply for the show cause notices dated
02&03.03.2023.
9. The Court holds that simply directing the petitioners-institutions to
submit explanations in response to the final show cause notice dated
02&03.03.2023 does not contravene any provisions of law, nor does it
extend the limitation period set by the Limitation Act. Even if the
impugned order is considered as final, the remedy sought by the
petitioners should be assessed on merits without disregarding the issue
of offering explanation belatedly.
10. Hence, the petitioners in all the Writ Petitions are directed to
submit/offer their explanation to the show cause notice dated
02&03.03.2023 within a period of four (4) weeks from the date of receipt
of a copy of this order, on receiving such explanation for the show
cause notice dated 02&03.03.2023, the 3rd respondent is directed to
consider and examine the explanation and pass appropriate orders
thereon, in accordance with the provisions of the Act 1993 and
communicate the decision to the petitioner-institution within a period of
eight (8) weeks therefrom.
11. 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.18253, 18256, 18258 AND 18261 OF 2024
Date: 01.10.2024
siva
