APHC010359932024

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330]

TUESDAY, THE FIRST DAY OF OCTOBER TWO THOUSAND AND TWENTY FOUR

PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO

WRIT PETITION Nos.18251, 18252, 18254, 18257 AND 18263 OF 2024

WRIT PETITION No: 18251/2024

Between:

Madina D El Ed College ...PETITIONER

AND

The State of Andhra Pradesh and Others ...RESPONDENT(S)

Counsel for the Petitioner:

1.GINJUPALLI SUBBA RAO

Counsel for the Respondent(S):

1.GP FOR SCHOOL EDUCATION

2.VENNA HEMANTH KUMAR(CENTRAL GOVERNMENT COUNSEL)

The Court made the following:

COMMON ORDER:

The present Writ Petitions are filed under Article 226 of the Constitution of India and the relief sought for in all the Writ Petitions is similar and against the same respondents and the relief sought in one of the Writ Petition, i.e., W.P.No.18251 of 2024, is as follows:

"…..to issue a writ, order or direction more particularly one in the nature of writ of Mandamus by declaring the action of the 3rd respondent in derecognizing the recognition of the petitionerinstitution through proceedings, vide F.SRO/NCTE/SRCAPP711/AP/D.El.Ed./2021/126046-5053 and F.SRO/NCTE/SRCAPP2734/AP/D.El.Ed.-A1/2021 dated 13.04.2021 and to set aside the order of de-recognition passed by 3rd respondent against the petitioner herein and pass such other order…."

2. Admittedly, all the writ petitioners-institutions were granted recognition to conduct D.El.Ed., as per the regulations of the National Council for Teacher Education Act, 1993, by the NCTE (SRC).

3. The 3rd respondent has de-recognized the recognition of the petitioners-institutions on 13.04.2021, alleging that the managements of private D.El.Ed. colleges have made admissions into D.El.Ed. course on their own, in violation of government orders and a show cause notice dated 29.06.2020 was issued calling for explanation and a final show

cause notice was issued on 03.11.2020 and the petitioners-institutions have offered their explanation, dissatisfied with the explanations offered and also failed to submit the documents/information, as directed by the NCTE (SRC), have decided to withdraw the recognition. Accordingly, the petitioners-institutions were de-recognized through the impugned proceedings.

4. The same was assailed in the present Writ Petition on the ground that while de-recognizing the recognition, no notice was issued to the petitioners, as contemplated under Section 17(1) of the National Council for Teacher Education Act, 1993, (for short, "the Act 1993") and therefore, prayed to set aside the impugned order.

5. Learned standing counsel for the respondents 3 and 4 Sri Venna Hemanth Kumar, filed counter and reiterated the counter averments and orally stated that after founding some irregularities in the petitionersinstitutions, the 3rd respondent-The National Council for Teacher Education has issued show cause notice calling for explanation and there is no response from the petitioners-institutions, then it made NCTE (SRC) to deliver the impugned proceedings.

6. Learned counsel for the petitioners relied on the judgment of the Hon"ble Apex Court in National Council for Teacher Education and another v. Vaishnav Institute of Technology and Management¹ .

7. On perusal of the judgment of the Hon"ble Apex Court cited by the learned counsel for the petitioners-institutions, therein the NCTE authorities during the inspection of the institutions have noticed some irregularities and deficiencies and held that "when contraventions are found, then a notice needs to be given by the Council to the recognized institutions concerned pointing out to it the deficiencies noticed during inspection, if the institution fails to remove the deficiencies so pointed out the action under Section 17 of the Act may be taken".

8. In the present case on hand, notices served but the petitionersinstitutions have not responded to the notice and the notice issued by the NCTE is for giving admissions in contravention to the G.O.Ms.No.30 dated 08.07.2015, hence, the judgment relied by the petitioners is not applicable in the circumstances of the case.

9. As per the proviso to Section 17(1) of the Act 1993, before passing an order de-recognizing the petitioner-institution, the 3rd respondent shall

¹ (2012) 5 SCC 139

give an opportunity of making representation against the proposed order has been given to such recognized institution.

10. Under sub-section (1) of Section 17 of the Act 1993, where the Regional Committee is, on its own motion or on any representation received from any person, satisfied that a recognized institution has contravened any of the provisions of the NCTE Act it may withdraw recognition of such recognized institution, for the reasons to be recorded in writing but the proviso manifestly discloses that no withdrawal of recognition can be ordered unless a reasonable opportunity of making representation against the proposed order has been given to such recognized institution.

11. On careful perusal of the provision that withdrawal of recognition is after giving a reasonable opportunity to such recognized institution. Hence the contention raised by the institution is acceptable.

12. In view of the proviso appended to Section 17(1) of the Act 1993, the respondents invariably have to issue a notice before de-recognizing the institution.

13. As there is a dispute with regard to the issuance of show cause notice, the 3rd respondent is hereby directed to issue a fresh show cause notice to the petitioners-institutions calling for explanation and, on

receiving such show cause notice, the petitioners-institutions are hereby directed to submit explanation. On receiving such explanation, the 3rd respondent shall pass appropriate orders in accordance with law, as contemplated under the Act 1993 and communicate such decision to the petitioners-institutions.

14. With the above directions, all the Writ Petitions are disposed of. There shall be no order as to costs.

As a sequel thereto, Miscellaneous Petitions pending, if any, shall stand closed.

__________________________________ JUSTICE TARLADA RAJASEKHAR RAO

Date: 01.10.2024

Note: Issue CC in ten (10) days B/o siva

THE HON'BLE SRI JUSTICE TARLADA RAJASEKHAR RAO

WRIT PETITION Nos.18251, 18252, 18254, 18257 AND 18263 OF 2024

Date: 01.10.2024

siva