Kerala High Court
The Secretary Cum Manager vs National Council For Teacher Education on 11 June, 2025
Author: D. K. Singh
Bench: D. K. Singh
WP(C) NO. 17822 OF 2025
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"C.R."
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE D. K. SINGH
WEDNESDAY, THE 11TH DAY OF JUNE 2025 / 21ST JYAISHTA, 1947
WP(C) NO. 17822 OF 2025
PETITIONER/S:
THE SECRETARY CUM MANAGER
MAJILIS ARTS AND SCIENCE COLLEGE (AUTONOMOUS), PURAMANNUR, MAJILIS
NAGAR, TIRUR, VALANCHERY, MALAPPURAM DISTRICT, PIN - 676552
BY ADVS. SMT.NISHA GEORGE
SRI.GEORGE POONTHOTTAM (SR.)
SMT.KAVYA VARMA M. M.
RESPONDENT/S:
1 NATIONAL COUNCIL FOR TEACHER EDUCATION
G-7, SECTOR-10, NEAR METRO STATION, DWARAKA, NEW DELHI, REPRESENTED BY
THE MEMBER SECRETARY, PIN - 110075
2 THE SOUTHERN REGIONAL COMMITTEE, NATIONAL COUNCIL FOR TEACHER
EDUCATION, G-7, SECTOR-10, NEAR METRO STATION, DWARAKA, NEW DELHI,
REPRESENTED BY THE REGIONAL DIRECTOR, PIN - 110075
BY ADV DR. ABRAHAM P. MEACHINKARA, SC, NCTE
THIS WRIT PETITION (CIVIL) HAVING FINALLY HEARD ON 11.06.2025, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
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JUDGMENT
"C.R."
Heard Mr. George Poonthottam, the learned Senior Counsel,
assisted by Ms. Shilpa Sreekumar for the petitioner College and Mr.
Abraham P. Meachinkara, the learned Standing Counsel for the National
Council for Teacher Education (NCTE).
Facts:
2. The petitioner College is an autonomous college, recognised
by the State Government and affiliated to the University of Calicut. The
petitioner College has been accorded 'Minority' status, recognised by the
National Minority Commission. The petitioner College imparts twenty
undergraduate courses and seven postgraduate courses under the self-
financing scheme. The petitioner College has also been accorded an 'A'
grade NAAC accreditation. Under the National Education Policy 2020,
significant changes have been brought in the teacher education
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programme. The National Council for Teacher Education/ the first
respondent had published the Regulations framed under Section 32 of
the National Council for Teacher Education (NCTE) Act, 1993, providing
the norms and standards for the establishment of teachers' education
institutions by amending the National Council for Teacher Education
(Recognition, Norms and Procedure) Regulations 2014.
2.1 The amended Regulations had been published on 22.10.2021.
A public notice was issued on 05.02.2024 for the transition from the four-
year integrated programme, seeking to be implemented by inviting
applications for transition from the Colleges, which had been granted
recognition for the four-year integrated programme. The last academic
session for admission to the four-year integrated programme was 2024-
25. The time fixed for submission of applications for the integrated B.Ed.
programme was 05.03.2024, which was extended up to 31.05.2024. On
18.05.2024, the petitioner College applied for the fourth phase of the
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integrated teacher education programme for the Academic Year 2025-
26. The said policy was the subject matter of challenge before various
High Courts. However, the said challenge was repelled, and the writ
petitions were dismissed.
3. A notice of inspection was issued through e-mail by the first
respondent/NCTE. On inspection, being satisfied about the institution
and infrastructure, a letter of intent dated 03.04.2025 was issued to the
petitioner College for the Academic Year 2025-26 for grant of
recognition for offering Integrated Teacher Education Programme
(ITEP) under Regulation 7(13) of the National Council for Teacher
Education (Recognition, Norms and Procedure) Regulations 2014. The
provisional letter of intent dated 03.04.2025 issued to the petitioner also
listed out certain documents to be submitted through online mode
within 60 days from the date of issue of the letter of intent for granting
the Formal Recognition. Paragraph 3 of the letter of intent dated
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03.04.2025 reads thus:
"3. Before the grant of Formal Recognition, you are required to submit
the following documents through online made within the stipulated
period of 60 days from the date of issue of this Letter of Intent:
i. The institution shall submit the list of faculties having the required
qualification as per NCTE Regulations 2014 for the proposed course duly
approved by the concerned affiliating body.
ii. The institution shall launch its own website with a hyperlink to the
NCFE website, uploading the required information/documents as per
clause 7(14) of the NCTE Regulations 2014 as amended from time to time
and furnish the evidence in this regard.
iii. The institution shall maintain the required endowment and reserve
fund converted in the joint operation in the name of the institution and
the regional Director of the concerned Regional Committee as per clause
7(16) of NCTE Regulations 2014."
It was also provided that admissions should not be made until the
Recognition Order under Regulations 7(16) of the National Council for
Teacher Education (Recognition, Norms and Procedure) Regulations
2014 is issued by the Southern Regional Committee.
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3.1 The petitioner supplied all the documents as desired in the
letter of intent well within time. The petitioner College, however, has
been issued the Recognition Order dated 01.05.2025 in Ext.P12 from the
Academic Session 2026-27 under Clause 7(16) of the National Council for
Teacher Education (Recognition, Norms and Procedure) Regulations
2014 as amended from time to time for conducting the following courses
under the ITEP:
Sr. No. Discipline Stage(s) Intake Duration of the program
1 B.Com. B.Ed Secondary 1 unit (50 seats per unit) 4 Year
2 BA B.Ed. Preparatory 1 unit (50 seats per unit) 4 Year
3 B.Sc. B.Ed. Middle 1 unit (50 seats per unit) 4 Year
4. The writ petition has been filed by the petitioner College inter
alia for a writ of mandamus commanding the respondents to declare the
petitioner College to have been accorded recognition for the Academic
Year 2025-26 and include the said College in the list of eligible
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institutions for the admission/allotment process for the Academic Year
2025-26. This Court, vide Order dated 02.06.2025, passed the following
orders:
"...
3. The petitioner college is intending to offer Integrated Teacher
Education Programme (ITEP) in Bachelor of Education (B.Ed.), a four-year
integrated programme. The petitioner made an application for approval
and recognition of the said course for the academic year 2025-2026 and
made the application on 18.05.2024, which is well within time as per the
schedule prescribed by the NCTE for making the application seeking
approval and affiliation. The said application was processed, and on
16.10.2024, the petitioner was issued with a show cause notice pointing
out the defects in the application. As per the time schedule prescribed by
the Supreme Court in its judgment in "Maa Vaishnoo Devi Mahila
Mahavidyala v. State of UP and others [2013(2) SCC 617)," the NCTE is
obliged to issue notice on the application within a period of 45 days from
the date of receipt of the application (Paragraph 87 of the said judgment).
Thus, the notice to the petitioner regarding the defect was issued after a
delay of 3 and 12 months instead of a notice within period of 45 days, it
was issued after five months i.e., 16.10.2024. The affidavit filed on behalf
of the respondent's counsel does not explain in any manner about the
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inordinate delay in issuing the show cause notice to the petitioner for
removing the defects in the application. The NCTE itself has violated the
time schedule as prescribed by the Supreme Court in its judgment in
"Maa Vaishnoo Devi Mahila Mahavidyala (supra)". This inordinate
delay of 3 and ½ months, as per the time prescribed for issuing the show
cause notice in (Paragraph 87 of the judgment) led to a delay in
subsequent action, and the approval came on 01.05.2025.
4. It is also relevant to mention here that the letter of intent issued by
the NCTE dated 03.04.2025 was for the academic year 2025-2026. Though,
as per the judgment, the last date for approval is 03.03.2025, but the letter
of intent was also issued on 03.04.2025, violating the date of 03.03.2025(as
per paragraph 87 of the judgment). The final order approving the course
was for the academic year 2026-2027.
5. The member Secretary of the respondent counsel is directed to file his
personal affidavit, explaining the inordinate delay in issuing the show
cause notice to the petitioner for removing the defect in the application
and when the petitioner was not responsible at all for this inordinate
delay of 3 and 12 months in issuing the notice to him for removing the
defect, how the Council (NCTE) has issued the approval dated 01.05.2025
for the academic year 2026-2027, though the letter of intent was for the
academic year 2025-2026.
6. The counter affidavit filed on behalf of the NCTE falls short of the
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requisite details and the consequences if there is a delay on the part of
the NCTE. When there is a delay on the part of the NCTE, can the institute
be penalised for the delay caused in sending the communication for
removing the defect in violation of the time scheduled prescribed by the
Supreme Court in its judgment in "Maa Vaishnoo Devi Mahila
Mahavidyala (supra)". The affidavit must be filed before the next date of
posting of this writ petition, failing which the Member Secretary of the
NCTE shall remain present before this court on the next date of posting
of this writ petition to answer the questions raised by this court in this
writ petition. It is made clear that in the meantime, the academic year
2026- 2027 mentioned in the approval letter dated 01.05.2025 should be
read as academic year 2025-2026 for admissions in the college for the said
course."
Discussion:
5. Mr Abraham P Meachinkara, learned Counsel representing
the respondent/National Council for Teacher Education, has submitted
that the Supreme Court in Maa Vaishnoo Devi Mahila Mahavidyala v.
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State of UP1 had prescribed the following schedule upon the cumulative
reading of the Regulations and judgments in this Court in relation to
recognition and affiliation. Paragraph 87.1 of the said judgment reads
as follows:
"87.1 Schedule for Recognition and Affiliation
87.1.1 Submission of applications for recognition 1st September to 1st October of the year
in terms of Regulation 5(4) immediately preceding the relevant academic
year
87.1.2 Communication of deficiencies, Within 45 days from the date of receipt of the
shortcomings or any other discrepancy in applications
the application submitted by the applicant
to the applicant in terms of Regulation 7(1)
87.1.3 Removal of such deficiencies by the Within 60 days from the date of receipt of
applicant communication
87.1.4 Forwarding of copy of the application to Within 90 days from the date of receipt of the
the State Government/ UT Administration application
for its recommendations/ comments in
terms of Regulation 7(2)
87.1.5 Recommendations/ comments of the State Within 30 days from the date of issue of letter
Government/ UT Administration to be to it
submitted to the Regional Committee
under Regulation 7(3)
(2013) 2 SCC 617
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87.1.6 If recommendations/ comments are not Within seven days from the date of expiry of
received within 30 days, the Regional the period of 30 days
Committee shall send to the State
Government/ UT Administration a
reminder letter for submission of the
recommendations/ comments
87.1.7 State Government/ UT Administration Within 15 days from the date of receipt of such
shall furnish the recommendations/ reminder letter
comments
87.1.8 Intimation regarding inspection by the Within 10 days from final scrutiny of the
Regional Committee to the applicant application
under Regulation 7(4)
87.1.9 Report by the Inspection Committee under 20 days thereafter
Regulation 7(5)
87.1.10 Letter of intent to the institution with 10th of February of the succeeding year/
respect to the grant or refusal of relevant year
recognition in terms of Regulation 7(9)
87.1.11 Time to comply with certain specified 20 days from the date of issuance of the letter
conditions, in terms of Regulations 7(10) of intent
and 7(11)
87.1.12 Issuance of a formal order of recognition By 3rd March of each year
87.1.13 Last date for submitting the proposal for By 10th March of each year
affiliation
87.1.14 Forwarding of proposal by the University By 10th March of each year
to the State Government/ UT
Administration after inspection by expert
team
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87.1.15 Comments to be submitted by the State By 10th March of each year
Government/ UT Administration, if any
5.1 As per the said judgment, in the present case, the formal
order of recognition for the current Academic Year should have been
issued on or before 03.03.2025, and the final date for issuance of
affiliation for the relevant academic year should be 10.03.2025. Any
affiliation or recognition granted after the aforesaid cut-off date shall
only be valid for the Academic Year 2026-27. Here, the Recognition
Order is issued by the first respondent/ NCTE on 01.05.2025.
6. In the additional affidavit filed on behalf of the respondent,
the delay in issuing the recognition to the petitioner College for offering
ITEP has been explained in paragraph 2, thus: A total of 87 fresh
applications for ITEP and 39 applications for transition into ITEP were
received by the SRC, the second respondent. The petitioner Institution
submitted its application for consideration on May 18, 2024. However,
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the SRC took considerable time to scrutinise all applications.
Consequently, the petitioner's application could not be taken up for
consideration during the 441st, 442nd, and 443rd meetings of the SRC due
to a paucity of time. The petitioner's application was finally considered
at the 444th meeting of the SRC, which then issued the first show cause
notice to the petitioner on 16.10.2024. As the reply to this notice was not
received by the 445th meeting of the SRC, it could not be addressed. The
reply to the first show cause notice was eventually received on
29.10.2024. During October and November 2024, the Regional Director
was on medical leave. Mr. Ravinder Singh took charge as Regional
Director on 19.11.2024, and subsequently, the petitioner's application
was forwarded for further processing on 20.11.2024. At the 447th meeting
of the SRC, after scrutinizing the reply to the first show cause notice, a
second show cause notice was issued on 26.12.2024. The petitioner
submitted their reply to the SRC on 07.01.2025. During the 450th
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meeting, this reply was scrutinized, and a decision was made for an
inspection of the Institution. A virtual inspection was conducted, and the
inspection report was submitted on 25.12.2025. Finally, at the 453rd
meeting of the SRC, a letter of intent dated 03.04.2025 was issued to the
petitioner college. Subsequently, during the 458th meeting of the SRC,
the final recognition order for the academic year 2025-2026 was issued
to the petitioner college on 01.05.2025.
Analysis:
7. This Court has considered the judgment of the Supreme Court
in Maa Vaishnoo Devi Mahila Mahavidyala (supra). Admittedly, the
respondents have not adhered to the timeline prescribed in the said
judgment for granting recognition and affiliation to the petitioner-
College. The communication of deficiency has been issued after three
and a half months, as noted in the interim order. The petitioner-College
has always been prompt in applying on time and removing the defects,
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as pointed out, was well within the time frame prescribed by them.
7.1 When the first respondent/ NCTE itself has not adhered to the
timeline prescribed in Maa Vaishnoo Devi Mahila Mahavidyala (supra),
the NCTE cannot put the blame on the petitioner College for no fault of
theirs. It is also relevant to mention here that the letter of intent was
issued for the Academic Year 2025-26, and the Final Recognition has
been issued for the Academic Year 2026-27, which also defies any logic
and reason.
7.2 If the first respondent /NCTE is not manned effectively and
efficiently by competent persons, the Colleges that have completed all
the formalities as required well within time cannot be made to suffer.
This Court is not at all impressed by the affidavits filed on behalf of the
respondents as well as the submissions advanced by the learned Counsel
for the NCTE, who tried to persuade this Court with eloquence by making
elaborate submissions on the reasons for the delay caused in granting
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recognition. The learned Counsel has not been able to repel the
contentions of the learned Senior Counsel for the petitioner College that
the blame for the delay in issuing the recognition order on 01.05.2025
squarely lies on the first respondent / NCTE and not on the petitioner
College. Therefore, the petitioner-College cannot be made to suffer. It
is also not in dispute that the result of the entrance examination has not
been published, and the petitioner-College has all the requisite
infrastructure for imparting ITEP for the Academic Session 2025-26.
7.3 Statutory bodies are required to be governed effectively and
efficiently, and if they are not being governed effectively and efficiently,
the Colleges which are seeking recognition and affiliation cannot be
made to suffer. Nowhere in the counter-affidavit has anything been
stated about the delay caused by the petitioner at any stage of the
proceedings. The delay which has occurred is the result of the inefficient
work of the respondents, which appears to be not being manned with
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competence and efficiency.
Conclusion:
8. In view thereof, the writ petition stands allowed. The
impugned Recognition Order dated 01.05.2025 in Ext.P12 is to be treated
for the Academic Year 2025-26, and the petitioner College is directed to
be included in the eligible list of the Institutions for allotment of
students for taking admission for ITEP for the Academic Year 2025-26.
All Interlocutory Applications as regards interim matters stand closed.
No order as to costs.
Sd/-
D. K. SINGH
JUDGE
jjj
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APPENDIX OF WP(C) 17822/2025
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE NATIONAL COUNCIL FOR TEACHER EDUCATION
(RECOGNITION, NORMS AND PROCEDURE) AMENDMENT
REGULATIONS, 2021 DATED 22.10.2021
Exhibit P2 A TRUE COPY OF THE PUBLIC NOTICE BEARING F. NO. NCTE-
REG1022/16/2023-REG.SEC-HQ DATED 05.02.2024 ISSUED BY THE 1ST
RESPONDENT
Exhibit P3 A TRUE COPY OF MINUTES OF THE 60TH EMERGENT MEETING OF THE
GENERAL BODY OF THE 2ND RESPONDENT, HELD ON 14.03.2024
Exhibit P4 A COPY OF THE PUBLIC NOTICE F.NO.NCTE-REG1012/1/2024-REG.SEC-
HQ DATED 22.04.2024 ALONG WITH THE ANNEXURE ISSUED BY THE 1ST
RESPONDENT
Exhibit P5 A TRUE COPY OF THE ONLINE APPLICATION SUBMITTED BY THE
PETITIONER BEFORE THE RESPONDENTS DATED 05.02.2025
Exhibit P6 A TRUE COPY OF THE GOVERNMENT ORDER BEARING
GO(RT)NO.571/2024/HEDN DATED 21.05.2024 ISSUED BY THE HIGHER
EDUCATION (E) DEPARTMENT; GOVERNMENT OF KERALA
Exhibit P7 A TRUE COPY OF THE NO-OBJECTION CERTIFICATE NO. 20501/CDC-
G2/2013/CU DATED 13.05.2024 ISSUED BY THE UNIVERSITY OF
CALICUT.
Exhibit P8 A TRUE COPY OF THE NOTICE DATED NIL ISSUED BY THE 1ST
RESPONDENT TO THE PETITIONER COLLEGE
Exhibit P9 A TRUE COPY OF THE COMMUNICATION DATED 03.04.2025 RECEIVED
BY THE PETITIONER VIA E-MAIL
Exhibit P10 A TRUE COPY OF THE COMMUNICATION NO. 89035/CEC-
E1/2025/ADMN DATED 23.04.2025 ISSUED BY THE UNIVERSITY OF
CALICUT
Exhibit P11 A TRUE COPY OF THE BOND DATED 22.04.2025 SUBMITTED BY THE
STAFF.
Exhibit P12 A TRUE COPY OF THE RECOGNITION ORDER DATED 01.05.2025 ISSUED
BY THE 2ND RESPONDENT
Exhibit P13 A TRUE COPY OF THE PUBLIC NOTICE DATED 20.02.2025 ISSUED BY THE
NATIONAL TESTING AGENCY
Exhibit P14 A TRUE COPY OF THE COMMUNICATION DATED NIL SUBMITTED BY
THE PETITIONER BEFORE THE CHAIRPERSON OF THE 1ST
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RESPONDENT.
RESPONDENT EXHIBITS
Exhibit R2(A) True copy of the Order dated 18-06-2013 in Weltech College of
Education and another vs. State of UP and others in IA No. 2 in Civil
Appeal No. 9078 of 2O12
Exhibit R1(A) True copy of the minutes of the 441st meeting dated 4.8.2O24
Exhibit R1(B) True copy of minutes of 442nd meeting dated 5.9.2024
Exhibit R1(C) True copy of minutes of 443rd meeting dated 19.9.2024 to 20.9.2024
Exhibit R1(D) True copy of minutes of 444th meeting dated 15.10.2024 to 16.10.2024
Exhibit R1(E) True copy of minutes of 445th meeting dated 26.10.2024
Exhibit R1(F) True copy of the minutes of the 447th meeting dated 16.12.2024 to
17.12.2024
Exhibit R1(G) True copy of the minutes of the 450th meeting dated 24.1.2025
Exhibit R1(H) True copy of the minutes of the 453rd meeting dated 27.2.2025
Exhibit R1(I) True copy of the minutes of the 458th meeting dated 29.4.2024
