Madras High Court
The Member Secretary vs The Registrar on 25 February, 2025
Author: S.M.Subramaniam
Bench: S.M.Subramaniam
2025:MHC:544
W.A.Nos.32 & 60 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.02.2025
CORAM :
THE HON'BLE MR. JUSTICE S.M.SUBRAMANIAM
AND
THE HON'BLE MR.JUSTICE K.RAJASEKAR
W.A.Nos.32 & 60 of 2024
1. The Member Secretary
National Council for Teacher Education
G-7, Sector-10, Dwarka, Near Metro Station
New Delhi 110 075
2. The Regional Director
National Council for Teacher Education
Southern Regional Committee
G-7, Sector-10, Dwarka
Near Metro Station
New Delhi 110 075 .. Appellants in both WAs
v.
The Registrar
Saveetha Institute of Technical and
Medical Sciences
162, Poonamallee High Road
Velappancahavadi
Chennai 600 077 .. Respondent in both WAs
Memorandum of Grounds of Writ Appeals filed under Clause 15 of
the Letters Patent against the common order dated 10.04.2023 passed in
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W.A.Nos.32 & 60 of 2024
W.P.Nos.34228 & 34233 of 2018.
For Appellants :: Mr.V.Ashokkumar
for Mr.Su.Srinivasan
For Respondent :: Mr.P.Navaneethakrishnan
COMMON JUDGMENT
(Judgment of the Court was made by S.M.SUBRAMANIAM,J.)
The order dated 10.04.2023 passed in W.P.Nos.34228 & 34233 of
2018 is under challenge in the present appeals.
2. The writ Court considered the issues and passed the following
order:-
“6. Considering the facts and circumstances of the case and
considering the request made by the learned Senior counsel for
petitioner, this Court, without interfering with the impugned
orders, permit the petitioners to make an appropriate application
for getting approval for the courses viz., M.P.Ed., and B.Ed.,
with the second respondent for the academic year 2024-2025
within a period of six weeks from the date of receipt of a copy
of this order. For making of such application, the second
respondent is directed to open the web portal for receiving the
application for the academic year 2024-2025 and process the
same and pass appropriate orders on merits and in accordance
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W.A.Nos.32 & 60 of 2024
with law in terms of the NCTE Regulations.
7. With the above directions, both the writ petitions are
disposed of. No costs. Consequently, connected miscellaneous
petitions are closed. ”
3. With reference to the relief sought for in the writ proceedings, the
respondent submitted applications for getting approval for the courses viz.,
M.P.Ed., and B.Ed., for the academic year 2024-25. The learned single
Judge also directed the appellants to receive the applications within a period
of six weeks. Since the academic year 2024-25 is going to come to an end,
the applications submitted by the respondent lost their relevance. For the
ensuing academic year, fresh applications are to be submitted.
4. The learned counsel for the respondent would submit that the web
portal has not been opened by the appellant-National Council for Teacher
Education and therefore the respondent is unable to submit the applications.
5. In this regard, it is brought to the notice of this Court that the High
Court of Delhi in W.P.(C) Nos.12983 of 2022 etc., pronounced a judgment
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W.A.Nos.32 & 60 of 2024
on 22.04.2024. In paragraph-235 of the judgment, the Delhi High Court held
as follows:-
“235. The return of the petitioners' applications can
clearly be justified even by application of the doctrine of
implied powers. Clause (c) of Section 12 of the NCTE
Act empowers the NCTE to decide not to process pending
applications for recognition, by stand alone institutions,
any further. The power to implement this decision would
obviously carry, with it, the power to return such
applications. Even in the absence of any specific power to
return pending applications, therefore, the decision can be
justified on the basis of the doctrine of implied powers.”
6. The judgment of the learned single Judge was taken by way of an
appeal before the Division Bench of Delhi High Court in LPA Nos.507 of
2022 etc., and an interim order was passed on 07.05.2024 directing the
appellant-NCTE to open its portal so that the respondents/institutions can
submit their applications for recognition concerning teacher education
courses they intend to offer. Although the applications will be processed, no
final decision will be taken on the applications preferred by the
respondents/institutions till the disposal of the appeals.
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W.A.Nos.32 & 60 of 2024
7. It is not in dispute that the appeals are pending. The learned
counsel for the appellants would submit that the applications submitted by
the respondent herein had been received by the appellants. But no final
decision has been taken, since the matter is sub judice before the Division
Bench of Delhi High Court.
8. The learned counsel for respondent has no dispute regarding the
pendency of the appeals before the Division Bench of Delhi High Court.
However, he made a submission that the applications received must be
processed, but no final decision needs to be taken.
9. As far as the said submission is concerned, the relief sought for
before the writ Court to receive the applications for the academic year 2024-
25 is concerned, the academic year is going to come to an end and therefore
the said applications lost their relevance. For the ensuing academic year, the
respondent is at liberty to submit fresh application, if the committee has
been constituted and web portal is opened by the appellants and if there is no
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W.A.Nos.32 & 60 of 2024
impediment, the appellants shall process the application as per the interim
order passed by the Division Bench of Delhi High Court in LPA Nos.507 of
2022 etc.
10. It is brought to the notice of this Court that all the applications,
numbering 430, received by the appellants were returned to the respective
institutions. That being so, no further consideration is required in respect of
the claim set out by the respondent in the writ petitions. Accordingly, the
impugned order passed by the writ Court is set aside and the writ appeals are
allowed. Consequently, C.M.P.Nos.213 & 372 of 2024 are closed. No costs.
Index : yes (S.M.S.,J.) (K.R.S.,J.)
Neutral citation : yes 25.02.2025
ss
To
1. The Member Secretary
National Council for Teacher Education
G-7, Sector-10, Dwarka, Near Metro Station
New Delhi 110 075
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W.A.Nos.32 & 60 of 2024
2. The Regional Director
National Council for Teacher Education
Southern Regional Committee
G-7, Sector-10, Dwarka
Near Metro Station
New Delhi 110 075
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W.A.Nos.32 & 60 of 2024
S.M.SUBRAMANIAM,J.
AND
K.RAJASEKAR,J.
ss
W.A.Nos.32 & 60 of 2024
25.02.2025
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