Sudha Moulee Teacher Training Institution v. National Council for Teachers Education & Another
2005-07-28
FAKKIR MOHAMED IBRAHIM KALIFULLA, MARKANDEY KATJU
body2005
DigiLaw.ai
Judgment :- The Honourable Chief Justice This writ appeal has been filed against the impugned order of the learned single Judge dated 23.6.2005 passed in Writ Petition No.37397 of 2004. 2. We have heard the learned counsel for the appellant and perused the impugned order and find no infirmity in the same. 3. The appellant institution wanted to start a D.TEd Course at Thirukannur, Pondicherry State. The National Council for Teachers' Education, Southern Regional Committee made an inspection and found certain infirmities and hence refused to grant recognition to the institution. Against that order, the appellant filed appeal before the National Council for Teachers' Education, New Delhi, which has remanded the matter back to the second respondent for verifying the claims of the institution by causing an inspection. Learned counsel for the appellant submitted that there are no provisions in the NCTE Act or Rules for remand of an appeal. In our opinion, such a power is an inherent power of the appellate authority. Hence even if there is no specific provision enabling the appellate authority to remand the matter it has got an inherent power to do so. There is no infirmity in the remand order. However, in the interests of justice, we direct the second respondent to decide the application of the appellant preferably within one month of production of certified copy of this order before it. The writ appeal is disposed off. W.A.M.P.No.2665 of 2005 is closed.