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The High Court of Karnataka is hearing a writ petition filed by Sagar Gangotri Education Institution seeking to quash a withdrawal order from the National Council for Teacher Education that prevents them from admitting students for the B.Ed course for the academic session 2023-24. The court has allowed the petitioner to submit a hard copy of their appeal by February 7, 2024, and directed the Appellate Authority to consider it in their meeting on February 8, 2024. The court emphasized the urgency due to the impending deadline for admissions, encouraging a swift resolution of the appeal.

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9 views

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The High Court of Karnataka is hearing a writ petition filed by Sagar Gangotri Education Institution seeking to quash a withdrawal order from the National Council for Teacher Education that prevents them from admitting students for the B.Ed course for the academic session 2023-24. The court has allowed the petitioner to submit a hard copy of their appeal by February 7, 2024, and directed the Appellate Authority to consider it in their meeting on February 8, 2024. The court emphasized the urgency due to the impending deadline for admissions, encouraging a swift resolution of the appeal.

Uploaded by

siddesh k m
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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-1-

NC: 2024:KHC:4930
WP No. 27044 of 2023

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 6TH DAY OF FEBRUARY, 2024

BEFORE
THE HON'BLE MR JUSTICE RAVI V HOSMANI
WRIT PETITION NO. 27044 OF 2023 (EDN-RES)
BETWEEN:

SAGAR GANGOTRI EDUCATION INSTITUTION


SY. NO.23/1, J.C. ROAD, SAGAR,
SHIVAMOGGA DISTRICT - 577 401,
REPRESENTED BY ITS SECRETARY
MAMATHA,
W/O. KRISHNAMURTHY,
AGED ABOUT 51 YEARS.
…PETITIONER
(BY SRI. L.S. VENKATAKRISHNA, ADVOCATE)

AND:

1. SOUTHERN REGIONAL COMMITTEE,


NATIONAL COUNCIL FOR TEACHER EDUCATION,
Digitally signed by (A STATUTORY BODY OF THE GOVT. OF INDIA)
MOHANKUMAR M OFFICE G-7, SECTOR-10,
Location: High
Court of Karnataka (NEAR SECTOR -10 METRO STATION)
DWARAKA,
NEW DELHI - 110 075.
REPRESENTED BY ITS REGIONAL DIRECTOR.

2. THE REGISTRAR,
KUVEMPU UNIVERSITY,
ROAD LEADING TO KUVEMPU UNIVERSITY,
JNANASAHYADRI, SHANKARAGATTA,
KARNATAKA - 577 451.
-2-
NC: 2024:KHC:4930
WP No. 27044 of 2023

3. THE SECRETARY,
DEPARTMENT OF SCHOOL EDUCATION AND
LITERACY,
MINISTRY OF EDUCATION,
GOVT. OF INDIA, SHASTRI BHAWAN,
NEW DELHI - 110 075.

4. THE PRINCIPAL SECRETARY,


(HIGHER EDUCATION),
GOVERNMENT OF KARNATAKA,
M.S. BUILDING,
DR. AMBEDKAR VEEDHI,
BANGALORE,
KARNATAKA - 560 001.

5. THE UNDER SECRETARY,


(TI AND E GOVERNANCE)
NATIONAL COUNCIL FOR TEACHER EDUCATION,
G-7, SECTOR-10,
(NEAR SECTOR-10 METRO STATION)
DWARKA,
NEW DELHI - 110 075.

6. THE COMPUTER PROGRAMMER (IT CELL)


SOUTHERN REGIONAL COMMITTEE
NATIONAL COUNCIL FOR TEACHER EDUCATION
G-7, SECTOR-10 (NEAR SECTOR-10
METRO STATION),
DWARKA,
NEW DELHI - 110 075.
…RESPONDENTS
(BY SRI. M. VINOD KUMAR, ADVOCATE FOR R1, R5 AND R6;
SRI. T.P. RAJENDRA KUMAR SUNGAM, ADVOCATE FOR R2;
SRI. PRINCE ISAC, AGA FOR R4;
R3 - NOTICE NOT NECESSARY FOR THE PRESENT)
-3-
NC: 2024:KHC:4930
WP No. 27044 of 2023

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE


CONSTITUTION OF INDIA PRAYING TO QUASHING
WITHDRAWAL ORDER PASSED BY THE R-1 VIDE ANNEXURE-A
DATED:5.09.2022 VIDE NO. F SRC/NCTE/APSO3683/B.ED
/KA/2022/134453 AND CONSEQUENTLY PERMITTING THE
PETITIONER INSTITUTION FROM TAKING UP OF FRESH
ADMISSION OF STUDENT FROM THE ACADEMIC SESSION
2023-24 IN RESPECT OF B.ED COURSE AND ETC.,

THIS PETITION, COMING ON FOR PRELIMINARY


HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER

This writ petition is filed for following reliefs:

a) Issue a Writ of Certiorari or any other


appropriate writ or order quashing withdrawal order
passed by the 1st respondent vide Annexure-A
dated 05.09.2022 vide No.F.SRC/NCTE/ APS0
3683/B.Ed./KA/2022/134453 and consequently
permitting the petitioner Institution from taking up
of fresh admission of students from the academic
session 2023-24 in respect of B.Ed., Course etc."

2. In response to order dated 05.02.2024,

Sri M Vinod Kumar, learned counsel for respondents no.1,

5 & 6 submitted that next date of meeting of Appellate

Authority is on 08.02.2024 and in case, petitioner

furnishes hard copy of memorandum of appeal by

tomorrow afternoon, same would be placed before

Appellate Authority and a decision thereon would be taken

expeditiously.
-4-
NC: 2024:KHC:4930
WP No. 27044 of 2023

3. Sri L.S.Venkata Krishna, learned counsel for

petitioner would submit that Appeal against impugned

order was filed online as per Annexure-Z, as early as on

29.11.2022 and was not informed of requirement of filing

hard copy of memorandum of appeal. It was submitted

that since last date for admissions during current academic

year would come to end soon, petitioner would tender

hard copy of Memorandum of Appeal (Annexure-Z) by

tomorrow afternoon and sought for direction for its

expeditious consideration.

4. In view of above and as indisputably order

impugned herein is appealable and said remedy is already

stated to have been invoked though not meeting

requirements as per respondent no.1, undertaking of

petitioner to furnish hard copy of Memorandum of Appeal

(Annexure-Z) as per guidelines by tomorrow afternoon,

there is nothing to be decided herein.

5. Hence, writ petition stands disposed of,

permitting petitioner to furnish complete set of hard copy


-5-
NC: 2024:KHC:4930
WP No. 27044 of 2023

of Memorandum of Appeal-Annexure-Z to Appellate

Authority of National Council for Teacher Education by

tomorrow afternoon i.e. 07.02.2024 and upon receipt of

same, directing Appellate Authority of National Council for

Teacher Education, to take it up for consideration in its

meeting scheduled on 08.02.2024 and pass appropriate

orders thereon after providing opportunity to petitioner

within an outer limit of four weeks. Keeping in mind that

last date for admissions for current academic year would

come to an end soon, it would be preferable if Appellate

Authority - National Council for Teacher Education decides

appeal within next two dates of sittings, if petitioner co-

operates for same.

In view of shortage of time, counsel for respondent

no.1 to intimate this order to Appellate Authority of

forthwith.

Sd/-
JUDGE

MKM

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