Telangana High Court
WP/23516/2008 of NALANDA COLLEGE OF EDUCATION, Vs National Council for Teacher Education, on 26 December 2008
HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY NINETH DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 23516 of 2008 Between: NALANDA COLLEGE OF EDUCATION, Yemmiganur Village and
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)WEDNESDAY, THE TWENTY NINETH DAY OF OCTOBERTWO THOUSAND AND EIGHT
PRESENT
THE HON'BLE MR JUSTICE B.SESHASAYANA REDDYWRIT PETITION NO : 23516 of 2008
Between: NALANDA COLLEGE OF EDUCATION, Yemmiganur Villageand Mandal, Kurnool district, Rep by its Correspondent,V.Mahanandaiah.
..... PETITIONER
AND
1 National Council for Teacher Education, Southern RegionalCommittee, Bagalore, Rep by its Regional Director, 2 Government of Andhra pradesh, Rep by its PrincipalSecretary, Education Department, At Secretariat, Hyderabad, 3 AP State Council for Higher Education, Masab Tank,Hyderabad Rep by its Secretary.4 Conver, EDCET 2008, O/o. AP State Council for HigherEducation, Masab Tank, Hyderabad
.....RESPONDENT(S)
Petition under Article 226 of the constitution of Indiapraying that in the circumstances stated in the Affidavit filedherein the High Court will be pleased to to issue a WRIT OFMANDAMUS or any other appropriate Writ or Writs, order orDirection, declaring the proceedings dated 22.10.2008 inF.SRO/NCTE/Ref/2008-09/6234 on the file of the first respondent,as illegal, arbitrary and without jurisdiction by holding that thesame is in contravention of Section 17 of NCTE Act; Award costsand pass Counsel for the Petitioner:MR.N.SRIDHAR REDDY
Counsel for the Respondent No.: MR.B.ADINARAYANA RAO(SC FOR N.C.T.E)
The Court made the following :
THE HONOURABLE SRI JUSTICE B. SESHASAYANAREDDY
WRIT PETITION NO. 23516 OF 2008
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ORDER :
1. This writ petition has been filed by Nalanda College ofEducation, Yemmiganur village and Mandal, Kurnool Districtrep. by its Correspondent V.Mahanandaiah assailing theproceedings dated 22-10-2008 issued by the National Councilfor Teacher Education, Southern Regional Committee,Bangalore.
2. When the writ petition came up for admission, Sri B.Adinarayan Rao, learned standing counsel received notice onbehalf of Respondent No.1, Sri M. Srinivas, learnedGovernment Pleader for School Education received notice onbehalf of respondent No.2 and S r i Sudesh Anand, learnedstanding counsel of A.P. State Council for Higher Educationreceived notice on behalf of Respondents NO.3 & 4.
3. In view of the order proposed to be passed, the facts ofthe case are not required to be dealt with in detail. It issuffice to say that the 1[st] respondent passed order in exerciseof powers under Section 17 of the National Council for TeacherEducation Act, 1993, which is appealable.
4. Heard learned counsel appearing for the parties.
5. Indisputably an appeal lies against the order passedunder Section 17 of the National Council for Teacher EducationAct, 1993 to the National Council.
6. Learned counsel for the petitioner submits that academicsession commences with the process of counselling foradmission of students in the course.
7. Whereas, learned standing counsel appearing on behalf of 1[st] respondent submits that the academic session commencesafter counselling is completed. I am not inclined to decide theissue as to whether the academic counselling has commencesor not. It is suffice to say that an appeal lies under Section 18 ofthe National Council for Teacher Education Act against theorder impugned in the writ petition.
8. In that view of the matter, t his writ petition is disposedof directing the petitioner-Institution to avail the statutoryremedy of an appeal available under Section 18 of the NationalCouncil for Teacher Education Act, 1993. The order impugnedin the writ petition shall remain under suspension till 24-11-2008 so as to enable the petitioner-Institution to approach theappellate authority and secure necessary orders. No order asto costs.
29[th] October, 2008.KM
______________________________
Justice B. Seshasayana Reddy
THE HONOURABLE SRI JUSTICE B. SESHASAYANAREDDY
WRIT PETITION NO. 23516 OF 2008
29thOctober, 2008.