Aristotle College of Diploma in education, Andersonpet, K. G. F. , Kolar District v. State of Karnataka
2016-11-19
B.VEERAPPA
body2016
DigiLaw.ai
ORDER : B. Veerappa, J. 1. This Court, by the interim order dated 28-4-2016 has already directed the respondents to permit the students who are enlisted in Annexure-E of the petitioner-institution to take up the examination of the 1st year D.Ed. examination for the academic session 2015-16, without insisting for late examination fee, subject to the result of the writ petition and that the result of the said examination shall not be declared without the leave of the Court. Hence, prayer No. 2 in the writ petition does not survive for consideration. 2. The petitioner Educational Trust is before this Court seeking writ of mandamus to direct the respondent no.2 to approve the admission of 50 students as per the list produced at Annexure-E for the 1st year D.Ed. Course for the academic year 2015-16, considering the request made by the petitioner-management dated 24-8-2015 (2015-16) and dated 5-4-2016, as per Annexures-E and F respectively. 3. It is the case of the petitioner-Trust, in terms of Section 14(1) of the National Council for Teacher Education Act, 1993 ('the Act' for short) has submitted an application to NCTE for grant of recognition for commencing elementary (D.Ed.) Course of two and half years duration in English Medium from the academic session 2004-2005 and accordingly, the NCTE has granted recognition on 29-11-2004 for D.Ed. Course from 2004-05 with an annual intake of 50 students. The 1st respondent also issued no objection certificate to the petitioner's college as per the order dated 29-10-2003. It is further case of the petitioner-Trust that it is running the D.Ed., programme since 2004-05 effectively and strictly in compliance of the NCTE norms. For the academic year 2015-16, the Trust has admitted 50 students for 1st year D.Ed. Course in Telugu Medium, having Recognition No. CC0025 and the college have effectively conducted the regular classes to the students along with other extra curricular activities. The petitioner, vide communication dated 24-8-2015 along with challan dated 5-4-2016 for having paid the requisite fee, has submitted the list of students to the 2nd respondent for approval of their admission. In pursuance of the order dated 29-5-2015 passed by the Deputy Director of Public Instructions, Bangalore, the petitioner-college has completed the practical teaching practise in the school entrusted by the Government and also remitted the a sum of Rs. 36,250/-towards examination fee vide challan dated 5-4-2016.
In pursuance of the order dated 29-5-2015 passed by the Deputy Director of Public Instructions, Bangalore, the petitioner-college has completed the practical teaching practise in the school entrusted by the Government and also remitted the a sum of Rs. 36,250/-towards examination fee vide challan dated 5-4-2016. When things stood thus, the 3rd respondent had issued timetable for the D.Ed. examination to be held on 1-6-2016. In spite of the payment of examination fee by the petitioner-college, the respondents 2 and 3 have not approved the admissions of the students for the forthcoming 1st year D.Ed. examination and not issued hall tickets for the said examination. Therefore, the petitioner is before this Court. 4. The respondents have filed statement of objections inter alia contending that after inspection conducted on 26-2-2016 by a committee of five members consisting of 3 lecturers from the District Institution of Education and Training (DIET), one lecture from Rampriya D.Ed. College, Mulbagal and another teacher from Government School who submitted report, which reveals that there were no students admitted to the petitioner-college for the academic year 2015-16. The report also discloses that the petitioner-institution have not conducted the course to the D.Ed., students as per the activities prescribed by the curriculum. It is further contended that the list of students submitted by the petitioner have not at all attended the classes nor they been exposed to actual class from teaching and have not delivered the prescribed number of lessons in the school. It is further contended that as per the calendar of events prescribed by the DSERT, which is produced at Annexure-R1, the petitioner-college requires to produce the proposal for approval of the academic year 2015-16 on or before 25-8-2015 and that the petitioners have failed to submit the said proposal within the prescribed time and no acknowledgement is produced to substantiate that they have submitted the proposal within the prescribed time. 5. Heard the learned Counsel for the parties and perused the material on record, 6. This Court, by the interim order dated 28-4-2016, while issuing notice to the respondents, directed the respondents to permit 50 students of the petitioner-college, enlisted in Annexure-E to take up the examination of the 1st year D.Ed., examination for the academic year 2015-16 without insisting late examination fee, but however, it was made dear that the result of the said examination is subject to the result of this writ petition.
7. It is not in dispute that the petitioner-institution has been recognised by the NCTE, way back in the year 2004-2005 and in pursuance of the order dated 29-5-2015 passed by the Deputy Director of Public Instructions, Bangalore South, permission has been accorded to petitioner-college for conducting practical teaching practise and internship in Telugu and petitioner-college admitted 50 students for D.Ed. Course in Telugu Medium for the academic year 2015-16 and submitted list of those 50 students to the 2nd respondent on 24-8-2015 along with prescribed fee for its approval. The said factum is disputed by the respondents on the ground that acknowledgement for having submitted the proposal within the prescribed time is not produced. 8. Be that as it may, it is not in dispute that this Court by the interim order dated 28-4-2016 permitted those students to appear for examination for the academic year 2015-16. Accordingly, the students have participated in the examination, but results are yet to be announced. Though the management of the petitioner-college has submitted the list of student along with prescribed fee on 24-8-2015. Taking into consideration the academic prospects of the student this Court is of the considered view that it is just and proper to direct the respondents to accord approval of the list of candidates enlisted in Annexure-E for the academic year 2015-16 and announce the result of those students who participated in the examination, in terms of the interim order passed by this Court, subject to condition that in future, the management of the petitioner-college shall follow all the norms fixed by the NCTE within the prescribed period and as per the calendar of events issued by the respondents from time to time without giving scope for any lapse. It is made clear that in the event the petitioner-college commit/repeat the same defects in future, the respondents shall take appropriate action against the petitioner-institution, in accordance with law. With these observations, the writ petitions are disposed off.