Telangana High Court
WP/11672/2009 of Sita Prasad Memorial Educational Society Vs The National Councial for the Teachers on 31 December 2010
SRI JUSTICE VILAS V. AFZULPURKAR W.P. NO. 11672 of 2009 Date of order: 31.12.2010 Between: Sita Prasad Memorial Educational Society, Vijayawada …Petitioner and The National Council for the Teacher’s Education and another ..Respondents THE HON’BLE SRI JUSTICE VILAS V.
THE HON’BLE SRIJUSTICE VILAS V. AFZULPURKAR
W.P. NO. 11672 of 2009
Date of order: 31.12.2010
Between:
Sita Prasad Memorial Educational Society,Vijayawada
and
…Petitioner
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. 11672 of 2009
This writ petition is filed for the following relief, “………to issue a writ order or direction moreparticularly one in the nature of writ of Mandamus declaringorder of the 1st respondent in F.SRO/NCTE/2009-10/12085 dtnil(Singed on 27-4-2009) in returning/permission for theestablishment of Sita Prasad College of Education atJaggayyapeta, Krishna District by the petitioner society asillegal, arbitrary contray to the provisions of NCTE ActRegulations made thereunder and violative of Article 14,19(1)(g) and 21 of the Constitution of India and consequently directthe 1st respondent to grant recognition to said College for theacademic year 2009-10 onwards and pass such other order ororders……”
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 is disposed ofdirecting the respondents to consider the application of the petitioner and pass appropriate orders in accordancewith law. No costs.
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VILAS V. AFZULPURKAR, J
Dt. 31.12.2010KR