Kannur University vs National Council For Teacher ...
2021 Latest Caselaw 20727 Ker

WP(C) NO. 20443 OF 2021           1

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
         THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
     TUESDAY, THE 5TH DAY OF OCTOBER 2021 / 13TH ASWINA, 1943
                      WP(C) NO. 20443 OF 2021
PETITIONER/S:

             KANNUR UNIVERSITY
             THAVAKKARA, CIVIL STATION P.O., KANNUR-670 002
             REPRESENTED BY ITS REGISTRAR.

             BY ADV M.SASINDRAN



RESPONDENT/S:

     1       NATIONAL COUNCIL FOR TEACHER EDUCATION
             HANS BHAWAN, WING II, BAHADUR SHAH ZAFAR MARG,
             NEW DELHI, DELHI-110 002,
             REPRESENTED BY ITS DIRECTOR.

     2       THE REGIONAL DIRECTOR
             NATIONAL COUNCIL FOR TEACHER EDUCATION
             SOUTHERN REGION, JANABHARATHI CAMPUS ROAD,
             OPPOSITE NATIONAL LAW SCHOOL, NAGARABHAVI,
             BANGALORE-560 072.

             BY ADV DR.ABRAHAM P.MEACHINKARA,SC,NCTE




      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   05.10.2021,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 20443 OF 2021                    2

                                       JUDGMENT

The petitioner, the Kannur University, is a University established under

the Kannur University Act, 1996. They have approached this Court seeking

the following reliefs:

i) To command the first respondent to consider and pass orders on the Ext.P6 representation within two weeks.

ii) To set aside Ext.P3 and P4 in so far as it does not grant more time to submit the faculty list, for further consideration of Exts.P1 and P2 application.

iii) To command the 2nd respondent to re-consider Exts.P1 and P2 applications afresh, taking into account the Ext.P5 faculty list also.

2. Sri.M.Sasindran, the learned counsel appearing for the petitioner

submits that the petitioner has submitted Ext.P6 representation before the

NCTE seeking permission to prefer a petition for accepting the faculty list or to

prefer an appeal against the order already passed on the application filed by

the University. The learned counsel contends that though the petitioner had

submitted the representation on 9.4.2021, the same has not evoked any

response from the 1st respondent. The learned counsel submits that the only

request of the petitioner is for a direction to the 1st respondent to consider

Ext.P6 and take a decision in an expeditious manner.

3. Dr. Abraham P. Meachinkara, the learned counsel appearing for

the NCTE, submitted that there is no impediment in considering Ext.P6 and in

taking a decision on merits.

4. After having carefully evaluated the contentions raised in this writ

petition, the submissions made across the Bar and the facts and

circumstances, I am of the view that this writ petition can be disposed of by

issuing the following directions:

a) Without expressing any opinion on the merits of the assertions

made in the representation there will be a direction to the 1st

respondent to take up, consider and pass appropriate orders on

Ext.P6, after affording an opportunity of being heard, either

physically or virtually, to the petitioner herein or their authorised

representative.

b) Orders, as directed above, shall be passed expeditiously, in any

event, within a period of one month from the date of production

of a copy of this judgment.

c) It would be open to the petitioner to produce a copy of the writ

petition along with the judgment before the concerned

respondent for further action.

This writ petition is disposed of.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE ps

APPENDIX OF WP(C) 20443/2021

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE APPLICATION NO.SRCAPP201630082 DATED 31.5.2016 SUBMITTED BY THE UNIVERSITY BEFORE THE NCTE, SEEKING PERMISSION FOR COMMENCEMENT OF B.PED. COURSE.

Exhibit P2 A TRUE COPY OF THE APPLICATION NO.SRCAPP201630085 DATED 31.5.2016 SUBMITTED BY THE UNIVERSITY BEFORE THE NCTE, SEEKING PERMISSION FOR COMMENCEMENT OF M.PED. COURSE.

Exhibit P3 A TRUE COPY OF THE ORDER F.NO.SRO/NCTE/SRCAPP201630082/B.P.ED/KL/20 18-19/967/16 DATED 26.2.2018 REJECTING THE APPLICATION IN RESPECT OF B.P.ED, COURSE ISSUED BY THE 2ND REGIONAL DIRECTOR.

Exhibit P4 A TRUE COPY OF THE ORDER F.NO.SRO/NCTE/SRCAPP201630085/M.P.ED/KL/20 18-19/96717 DATED 26.2.2018 REJECTING THE APPLICATION IN RESPECT OF M.P.ED, COURSE ISSUED BY THE 2ND RESPONDENT REGIONAL DIRECTOR.

Exhibit P5 A TRUE COPY OF THE DETAILS OF THE FACULTY IN THE SCHOOL OF PHYSICAL EDUCATION AND SPORTS SCIENCE.

Exhibit P6 A TRUE COPY OF REPRESENTATION F.NO.NCTE/SPESS/KU/2021 DATED 9.4.2021 SUBMITTED BY THE PETITIONER UNIVERSITY BEFORE THE NCTE.

RESPONDENTS EXHIBITS:NIL