Telangana High Court

WP/11691/2009 of Sri Adinarayana Educational Society, Vs The National Council for the Teachers Education, on 31 December 2010

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SRI JUSTICE VILAS V. AFZULPURKAR W.P. NO. 11691 of 2009 Date of order: 31.12.2010 Between: Sri Adinarayana Educational Society, China Badam, Palasa Mandal, Srikakujlam district …Petitioner and The National Council for the Teacher’s Education and another ..Respondents THE

THE HON’BLE SRIJUSTICE VILAS V. AFZULPURKAR

W.P. NO. 11691 of 2009

Date of order: 31.12.2010

Between:

Sri Adinarayana Educational Society, China Badam,Palasa Mandal, Srikakujlam district …Petitioner

and

The National Council for the Teacher’s Educationand another

..Respondents

THE HON’BLE SRIJUSTICE VILAS V. AFZULPURKAR

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ORDER:

W.P. NO. 11691 of 2009

This writ petition is filed for the following relief, “…….to issue a Writ, order or direction more particularlyone in the nature of Writ of Mandamus declaring order of the1st respondent in F.SRO/NCTE/2009-10/12032 dated27.04.2009 in returning the petitioner's application forrecognition/permission for the establishment of "Amar Collegeof Education" Chinabadam Village, Palasa Mandal, SrikakulamDistrict by the petitioner society as illegal, arbitrary, contrary tothe provisions of NCTE Act and Regulations made thereunderand violative of Article 14, 19 (1)(g) and 21 of the Constitutionof India and consequently direct the 1st respondent to grantrecognition to the said college for the academic year 2009-10onwards and pass. such other order or orders……”

No counters are filed by the respondents, but it isbrought to my notice that in similar circumstances, thisCourt had disposed of W.P.No. 6712 of 2009 by orderdated 16.12.2009 as well as W.P.No. 11038 of 2009 andbatch, dated 1.6.2010 whereby all the writ petitions weredisposed of in terms of order passed in W.P.No. 6712 of2009 referred to above. Since the facts andcircumstances of this case are also similar, this writpetition shall stand disposed of and there shall be asimilar direction as mentioned below, “It may be true that the State Governmentas well as the first respondent have reviewedthe situation as to the necessity or otherwise ofaccording permission to establish new collegesof education in the State in future and that theexisting institutions are found to be adequate.However, the right that is accrued to thepetitioners on the basis of their application andthe consideration thereof by the firstrespondent cannot be taken away on accountof the change of policy. It is settled principle oflaw that whenever an application is made, itmust be considered and processed inaccordance with the provisions of law or thepolicy that existed as on the date ofpresentation. Subsequent changes may applyto the applications that are made thereafter.Hence, the Writ Petition is disposed ofdirecting the first respondent to take necessarysteps as contemplated in its communicationdated 24-11-2009 and pass appropriateorders. There shall be no order as to costs”.

In view of the same, this writ petition isdisposed of directing the respondents to consider the application of the petitioner and pass appropriateorders in accordance with law. No costs.

_________________________

VILAS V. AFZULPURKAR, J

Dt. 31.12.2010KR

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