Kunjukrishnan Nadar Educational vs The Regional Director
2022 Latest Caselaw 9014 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     WEDNESDAY, THE 27TH DAY OF JULY 2022 / 5TH SRAVANA, 1944
                       WP(C) NO. 24027 OF 2022
PETITIONER:

          KUNJUKRISHNAN NADAR EDUCATIONAL, RURAL DEVELOPMENT
          AND LITERARY AND CULTURAL ACTIVITIES TRUST,
          REG NO.48/2001, KANJIRAMKULAM.P.O., THIRUVANANTHAPURAM
          - REPRESENTED BY ITS CHAIRMAN.

          B.S.SWATHI KUMAR
          ANITHA RAVINDRAN
          HARISANKAR N UNNI
          SARANGADHARAN P.
          N.S.SHAMILA



RESPONDENTS:

    1     THE REGIONAL DIRECTOR
          NATIONAL COUNCIL FOR TEACHER EDUCATION, G-7, SECTOR-10,
          DWARAKA, NEAR METRO STATION, NEW DELHI-110 075.

    2     THE UNIVERSITY OF KERALA, SENATE HOUSE CAMPUS,
          PALAYAM, THIRUVANANTHAPURAM - 695 034. REPRESENTED BY
          THE REGISTRAR.

    3     NATIONAL COUNCIL FOR TEACHER EDUCATION
          SOUTHERN REGIONAL COMMITTEE, G-7, SECTOR-10, DWARAKA,
          NEAR METRO STATION, NEW DELHI-110 075.

    4     STATE OF KERALA, REPRESENTED BY THE PRINCIPAL
          SECRETARY (HIGHER EDUCATION), GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM-695 001.

          BY DR.ABRAHAM P.MEACHINKARA,SC,NCTE
          SMT PARVATHY K-GP;
          SRI THOMAS ABRAHAM-SC



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 24027 OF 2022
                                   2


                             JUDGMENT

The petitioner, which is an Educational Agency running a

B.Ed College at Neyyattinkara, has approached this Court for a

declaration that their recognition by the National Council for

Teacher Education (NCTE), granted to them through Ext.P1, is

till continuing; and resultantly, that they are entitled to be

included in the list of affiliated colleges in Ext.P12 by the

University of Kerala, so as to allow them to admit students for

the B.Ed course in the year 2022-23, based on the allotment to

be made by the competent Authority.

2. Sri.B.S.Swathi Kumar, learned counsel for the

petitioner, explained that, when an earlier attempt was made by

the NCTE to cancel Ext.P1 recognition to his client, they

approached this Court and obtained Ext.P5 judgment, whereby,

such action was interdicted and quashed and consequently that

the recognition still continues. He submitted that, therefore,

there is no reason why the University should disallow them to

admit students for the B.Ed course in the academic year 2022-

23, by referring to include them in the list of affiliated colleges

in Ext.P12.

3. On hearing Sri.B.S.Swathi Kumar as afore, I asked

Dr.Abraham P. Meachinkara - learned standing counsel for the WP(C) NO. 24027 OF 2022

NCTE, who conceded that, consequent to Ext.P5, the

recognition granted to the College in question through Ext.P1

still continues. He, however, submitted that this is subject to

the condition that they furnish all necessary information for the

purpose of continuing with the said recognition; and that

therefore, even though he does not stand in the way of the

reliefs in the writ petition being granted to them, it may be

made clear that unless they furnish all the details within the

time frame as have been mandated by the NCTE, they would

not be entitled to continue such recognition.

4. Sri.Thomas Abraham - learned standing counsel for the

University submitted that his client has absolutely no cause

against the petitioner per se, but are concerned that they

should have recognition from the NCTE before they are allowed

to admit students for the next academic year.

5. When I consider the afore submissions, it is evident

that, even going by NCTE, the recognition granted to the

petitioner through Ext.P1 still continues, though they have now

sought certain information from them for the purpose of

continuing such. Of course, the argument of Sri.B.S.Swathi

Kumar - learned counsel for the petitioner, is that such

requisition for information has not reached his client; but he

undertook that the moment they receive it, all such will be WP(C) NO. 24027 OF 2022

made available to the NCTE without fail.

In the afore circumstances, I order this writ petition with

the following directions:

(a) It is declared that until such time as Ext.P1 is

withdrawn or set aside by the NCTE through a process known

to law, the recognition granted to the petitioner thereunder will

continue to be in the effect.

(b) Consequently, the Kerala University will include the

name of the College, along with the others, in Ext.P12 and

allow them to admit students for the B.Ed course, based on

the allotments to be made by the competent Authority.

(c) The NCTE will be at full liberty to seek any

information from the petitioner/college for the purpose of

continuing with the recognition and it shall be acceded to by

them without any avoidable delay.

(d) In the event the petitioner/college refuses to accede to

any valid and legally permitted information sought for by the

NCTE, the said Authority will be at full liberty to take any

appropriate action, but only after affording them an

opportunity of being heard.

Sd/- DEVAN RAMACHANDRAN JUDGE stu WP(C) NO. 24027 OF 2022

APPENDIX OF WP(C) 24027/2022 PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE ORDER NO. F.KL/SEC/N/ 214/SRO/NCTE/2005-2006/4009 DATED 16-11-2005

Exhibit P2 TRUE COPY OF THE NO OBJECTION CERTIFICATE NO. AC.B1/NEW COLLEGES/2006-07 DATED 30-12-

Exhibit P3 TRUE COPY OF THE CERTIFICATE NO.

AC.B11/03/42895/2021-22 DATED 1-3-2022

Exhibit P4 TRUE COPY OF THE RELEVANT PORTION OF THE PROSPECTUS OF B.ED ADMISSIONS 2021 ISSUED BY THE 2"RESPONDENT.

Exhibit P5 TRUE COPY OF THE JUDGMENT IN W.P.(C)NO.

24534/2020 DATED 15-9-2021

Exhibit P6 TRUE COPY OF THE COMMUNICATION DATED 7-10-

2021 FROM THE PETITIONER TO THE 1ST RESPONDENT.

Exhibit P7 TRUE COPY OF THE POSTAL RECEIPT DATED 8-10-

Exhibit P8 TRUE COPY OF THE MINUTES OF THE 404TH MEETING OF THE SRC HELD ON 16TH & 17TH NOVEMBER, 2021 OF THE 1ST RESPONDENT.

Exhibit P9 TRUE COPY OF THE LETTER DATED 13-4-2022 FROM THE PETITIONER TO THE 1ST RESPONDENT.

Exhibit P10 TRUE COPY OF THE E-MAIL COMMUNICATION DATED 19-4-2022 FROM THE PETITIONER TO THE 1ST RESPONDENT.

Exhibit P11 TRUE COPY OF THE LETTER DATED 20-4-2022 FROM THE PETITIONER TO THE 2ND RESPONDENT.

Exhibit P12 TRUE COPY OF THE RELEVANT PORTION OF THE PROSPECTUS. OF B.ED ADMISSIONS 2022