Msgr. G. Christudas vs National Council For Teacher ...
2021 Latest Caselaw 2857 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

              THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

    WEDNESDAY, THE 27TH DAY OF JANUARY 2021 / 7TH MAGHA, 1942

                      W.P.(C) No.29047 OF 2020(E)

PETITIONER:

               MSGR. G. CHRISTUDAS,
               AGED 70 YEARS,
               MANGAGER, EMMANUEL COLLEGE,
               VAZHICHAL, KUDAPPANAMOODU P. O.,
               THIRUVANANTHAPURAM - 695 505.

               BY ADVS.
               SRI.G.BIJU
               SRI.V.A.VINOD

RESPONDENTS:

      1        NATIONAL COUNCIL FOR TEACHER EDUCATION,
               G-7, SECTION - 10, DWARAKA,
               NEAR METRO STATION, NEW DELHI-110 075
               REPRESENTED BY ITS MEMBER SECRETARY.

      2        THE REGIONAL DIRECTOR,
               SOUTHERN REGIONAL COMMITTEE,
               NATIONAL COUNCIL FOR TEACHER EDUCATION,
               PLOT NO.5.7, SECTOR-10,
               DWARAKA, NEW DELHI-110 075.

      3        UNIVERSITY OF KERALA,
               PALAYAM, PALAYAM P. O.,
               THIRUVANANTHAPURAM-695 034
               REPRESENTED BY ITS REGISTRAR.

      4        STATE OF KERALA
               REPRESENTED BY SECRETARY TO GOVERNMENT,
               DEPARTMENT OF HIGHER EDUCATION,
               GOVERNMENT SECRETARIAT,
               THIRUVANANTHAPURAM-695 001.

      R1&R2    DR.ABRAHAM P.MEACHINKARA-STANDING COUNSEL,NCTE
      R3       SRI.THOMAS ABRAHAM, SC, UNIVERSITY OF KERALA
      R4       SRI.SUNIL NATH N.B, GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No.29047 OF 2020(E)
                                   -2-


                               JUDGMENT

The petitioner, who is the Manager of 'Emmanuel College of

B.Ed Training', has filed this writ petition under Article 226 of the

Constitution of India, seeking a writ of certiorari to quash Ext.P11

order dated 12.11.2020 issued by the 2 nd respondent Regional

Director of NCTE; and an order declaring that Ext.P11 order is

issued without giving reasonable opportunity of making

representation against the proposed order, as provided in the first

proviso to sub-section (1) of Section 17 of the National Council for

Teacher Education Act, 1993.

2. On 04.01.2021, when this writ petition came up for

admission, the learned Standing Counsel for NCTE sought time to

get instructions.

3. Today, when the matter is taken up for consideration,

along with I.A.No.1 of 2021, the petitioner has placed on record

Ext.P20 list of faculties approved by the 3 rd respondent University,

on 20.01.2021.

4. Heard the learned counsel for the petitioner, the learned

Standing Counsel for NCTE, representing respondents 1 and 2, the

learned Standing Counsel for the University of Kerala, representing

the 3rd respondent, and also the learned Government Pleader for W.P.(C) No.29047 OF 2020(E)

the 4th respondent.

5. During the course of arguments, the learned counsel for

the petitioner would submit that the petitioner shall file a statutory

appeal under Section 18 of the National Council for Teacher

Education Act, 1993 before the Appellate Authority, against

Ext.P11 order, producing therewith a copy of Ext.P20 approved list

of faculties and the Appellate Authority may be directed to

consider and take an appropriate decision on that appeal, within a

time limit to be fixed by this Court.

6. The learned Standing Counsel for NCTE would submit

that, in case any appeal filed against Ext.P11 order, the Appellate

Authority shall consider the same and pass appropriate order

thereon, within a period of one month.

7. Having considered the submissions made by the learned

counsel on both sides, this writ petition is disposed of by

relegating the petitioner to avail statutory remedy of appeal

against Ext.P11 order by approaching the Appellate Authority,

invoking the provisions under Section 18 of the National Council

for Teacher Education Act. In case such an appeal is filed within

ten days, the Appellate Authority shall consider the same and pass

appropriate order thereon, with notice to the petitioner and after W.P.(C) No.29047 OF 2020(E)

affording him an opportunity of being heard, as expeditiously as

possible, at any rate, within a period of one month from the date

of filing of that appeal.

All legal and factual contentions raised by the petitioner are

left open to be raised before the Appellate Authority, at

appropriate stage.

Sd/-

ANIL K. NARENDRAN JUDGE bpr W.P.(C) No.29047 OF 2020(E)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE ORDER DATED 25.02.2005 ISSUED BY 2ND RESPONDENT GRANTING RECOGNITION TO PETITIONER'S COLLEGE.

EXHIBIT P2 TRUE COPY OF THE ORDER DATED 26.07.2005 ISSUED BY 3RD RESPONDENT UNIVERSITY GRANTING PROVISIONAL AFFILIATION TO PETITIONER'S TRAINING COLLEGE.

EXHIBIT P3 TRUE COPY OF THE ORDER DATED 15.05.2015 GRANTING REVISED RECOGNITION TO PETITIONER'S TRAINING COLLEGE ISSUED BY 2ND RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE REQUEST DATED 20.06.2015 SUBMITTED BY PETITIONER TO THE 2ND RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE LETTER DATED 30.11.2016 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P6 TRUE COPY OF THE LETTER DATED 19.12.2016 FORWARDING THE DOCUMENTS SOUGHT FOR IN EXHIBIT P5 SENT BY PETITIONER TO THE 2ND RESPONDENT.

EXHIBIT P7 TRUE COPY OF SHOW CAUSE NOTICE DATED 07.05.2019 ISSUED TO PETITIONER BY 2ND RESPONDENT.

EXHIBIT P8 TRUE COPY OF THE REPLY SUBMITTED TO EXHIBIT P7 SHOW CAUSE NOTICE SENT BY PETITIONER TO THE 2ND RESPONDENT.

EXHIBIT P9 TRUE COPY OF FINAL SHOW CAUSE NOTICE DATED 15.09.2020 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P10 TRUE COPY OF THE FORWARDING LETTER SENT BY PETITIONER DATED 29.09.2020 FORWARDING ALL THE DETAILS SOUGHT FOR BY THE 2ND RESPONDENT.

EXHIBIT P11 TRUE COPY OF THE WITHDRAWAL ORDER DATED 12.11.2020 ISSUED BY 2ND RESPONDENT. W.P.(C) No.29047 OF 2020(E)

EXHIBIT P12 TRUE COPY OF THE LAND USE CERTIFICATE ISSUED BY THE TAHSILDAR (LR), KATTAKKADA DATED 20.11.2020.

EXHIBIT P13 TRUE COPY OF THE BUILDING PLAN SHOWING ALL THE FACILITIES AVAILABLE IN THE BUILDING, APPROVED BY THE ASSISTANT ENGINEER OF THE LOCAL SELF GOVERNMENT DEPARTMENT, OTTASEKHARAMANGALAM GRAMA PANCHAYATH.

EXHIBIT P14 TRUE COPY OF THE LATEST NON ENCUMBRANCE CERTIFICATE OBTAINED TOGETHER WITH ITS NOTARIZED COPY OF ENGLISH TRANSLATION DATED 18.11.2020.

EXHIBIT P15 TRUE COPY OF THE BUILDING COMPLETION CERTIFICATE ISSUED BY THE TAHSILDAR (LR), KATTAKKADA DATED 11.12.2020.

EXHIBIT P16 TRUE COPY OF THE STAFF LIST SUBMITTED TO THE UNIVERSITY FOR APPROVAL.

EXHIBIT P17 TRUE COPY OF THE FDR'S FOR RS.7 LAKH IN THE JOINT NAME OF EMMANUEL COLLEGE AND RD, SRC, NCTE DATED 03.11.2020.

EXHIBIT P18 TRUE COPY OF THE FDR'S FOR RS.5 LAKH IN THE JOINT NAME OF EMMANUEL COLLEGE AND RD, SRC, NCTE DATED 03.11.2020.

EXHIBIT P19 TRUE COPY OF THE CERTIFICATE OBTAINED FROM THE BANK CERTIFYING THAT EARLIER THE FD'S STOOD IN THE JOINT ACCOUNT OF EMMANUEL COLLEGE AND REGIONAL DIRECTOR, NCTE SOUTHERN REGIONAL COMMITTEE DATED 03.11.2020.

EXHIBIT P20 TRUE COPY OF THE FACULTY LIST ENDORSED BY THE UNIVERSITY ON 20.01.2021.

RESPONDENTS' EXHIBITS: NIL