High Court of KeralaSingle JudgeWrit petition disposed of with directions to th...

H.H. Martha Mathews II Training College v. University of Kerala and National Council for Teacher Education

Case / Petition Number:W.P.(C)No.22050 OF 2020(E)

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • Anil K. Narendran
Judgment Date
2020-12-01
Court Decision / Holding
The court disposed of the writ petition by directing the Southern Regional Committee of the NCTE to consider Ext.P12 reply dated 9.11.2020, enclosed with an affidavit regarding statutory compliance of the NCTE Regulations, 2014, and to take an appropriate decision in the matter, after affording the petitioner an opportunity of being heard, strictly in accordance with law, and expeditiously.
Final Disposition
Writ petition disposed of with directions to the NCTE Southern Regional Committee to consider Ext.P12 reply and decide in accordance with law after hearing, expeditiously, without prejudice to due process and statutory requirements.

Parties to the Case

Appellants / Petitioners

  • H.H. Martha Mathews II Training College

Respondents

  • University of Kerala
  • National Council for Teacher Education

Legal Representation & Advocates

Counsels for Petitioners

  • • Adv. G. Sreekumar (Chelur)

Counsels for Respondents

  • • Adv. Thomas Abraham, SC, University of Kerala
  • • Dr. Abraham P. Meachinkara, SC, NCTE

Case Synopsis & Summary

This writ petition challenges the University of Kerala’s refusal to include H.H. Martha Mathews II Training College in Annexure I of Ext.P11 for admission to the B.Ed course for the academic year 2020-22 and to permit admission in 2020-21. The petitioner college, which had NCTE recognition dating back to 2005 for a one-year B.Ed and provisional affiliation from the University since 2005-06, sought inclusion in Annexure I and to operate for the 2020-21 session. It argues that it relied on NCTE Act provisions and the 2014 Regulations, and that lack of revised recognition should not bar its opportunity to admit students. The respondents contend that without valid recognition under the NCTE Regulations, 2014 for a two-year B.Ed with a basic unit of 50 students (or two units), there is no basis to include the college in Ext.P11, and that mandamus cannot direct action contrary to law. The court examines Sections 12–17 of the NCTE Act, the definitions in Section 2, and the NCTE Regulations, noting the need to follow due process for recognition, inspection, and withdrawal. It cites State of U.P. v. Harish Chandra and Bhaskara Rao A.B. v. CBI to emphasize that courts cannot compel compliance with law in contravention of statutory provisions. Ultimately, the petition is disposed of by directing the NCTE Southern Regional Committee to consider Ext.P12 reply and decide in accordance with law after a hearing, expeditiously.

Provisions of Law Cited

Constitution of India, Article 226National Council for Teacher Education Act, 1993Section 2(c) - definitions: CouncilSection 2(d) - definitions: examining bodySection 2(e) - definitions: institutionSection 2(l) - definitions: teacher educationSection 12 - Functions of the CouncilSection 13 - InspectionSection 14 - Recognition of institutions offering course or training in teacher educationSection 15 - Permission for a new course or trainingSection 16 - Restrictions on affiliation/examinations without recognition or permissionSection 17 - Withdrawal of recognition and consequencesNCTE Regulations, 2014

Legal Doctrines & Maxims

  • No mandamus can be issued to direct the Government to refrain from enforcing the provisions of law or to do something which is contrary to law (State of U.P. v. Harish Chandra)
  • No Court has competence to issue a direction contrary to law nor can the Court direct an authority to act in contravention of the statutory provisions (Bhaskara Rao A.B. v. CBI)
  • Section 17 as the mechanism for withdrawal of recognition and related consequences (Adarsh Shiksha Mahavidyalaya v. Subhash Rahangdale)
  • Rule of law principle: Courts enforce law and cannot issue directions contrary to statutory provisions

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner college had ongoing NCTE recognition and University affiliation historically and seeks inclusion in Ext.P11 Annexure I for B.Ed admissions for 2020-22, arguing for mandamus to ensure admission rights and continuity of the training program in line with NCTE/NCTE Regulations 2014. It contends that lack of revised recognition should not bar admission where prior recognition existed and that a purposive reading of the Regulations should allow temporary inclusion and operation, pending formal compliance.

Contentions of Respondents

The respondents contend that without valid recognition under the NCTE Regulations, 2014 for the two-year B.Ed course (50 students per unit or two units of 50), there is no lawful basis to include the college in Ext.P11 and permit admission. They emphasize that mandamus cannot direct action contrary to law and that recognition/permission procedures and show-cause proceedings must be respected. They invite a decision by the NCTE Southern Regional Committee in accordance with the applicable statutes and regulations.

Cited Precedents (3)

Case NameCitationTreatmentExplanation
State of U.P. v. Harish Chandra(1996) 9 SCC 309PositiveCited for the proposition that no mandamus can compel action contrary to law.
Bhaskara Rao A.B. v. CBI(2011) 10 SCC 259PositiveCited for the principle that courts cannot direct actions contrary to statutory provisions; enforce rule of law.
Adarsh Shiksha Mahavidyalaya v. Subhash Rahangdale(2012) 2 SCC 425PositiveCited to explain Section 17’s mechanism for withdrawal/recognition under the NCTE Act.

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Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN** **TUESDAY, THE 01ST DAY OF DECEMBER 2020 / 10TH AGRAHAYANA, 1942** ## **W.P.(C)No.22050 OF 2020(E)** ## **PETITIONER:** **H.H.MARTHOMA MATHEWS II TRAINING COLLEGE, ADOOR, PATHANAMTHITTA DISTRICT, KERALA-691 523 REPRESENTED BY ITS MANAGER DR. ZACHARIAS MAR APREM METRAPOLITA, AGED 54 YEARS, S/O E.K. KURIYAKOSE, PATHANAMTHITTA DISTRICT, KERALA-691 523.** **BY ADV. SRI.G.SREEKUMAR (CHELUR)** ## **RESPONDENTS:** **1 THE UNIVERSITY OF KERALA KERALA, REPRESENTED BY THE REGISTRAR, PALAYAM, THIRUVANANTHAPURAM DISTRICT-695 034. *ADDL. R2 THE NATIONAL COUNCIL FOR TEACHER EDUCATION REPRESENTED BY ITS REGIONAL DIRECTOR, G-7, SECTION-10, NEAR SECTOR-10, METRO STATION, DWARAKA, NEW DELHI-110 075. * IS IMPLEADED AS PER ORDER DATED 21-10-2020 IN I.A.NO.1/20 IN W.P.(C) NO.22050/2020. R1 BY SHRI.THOMAS ABRAHAM, SC, UNIVERSITY OF KERALA R2 BY DR.ABRAHAM P.MEACHINKARA,SC,NCTE** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.12.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P.(C) No.22050 OF 2020(E) -2- ## **JUDGMENT** The petitioner college, which was conducting B.Ed course till the year 2012, based on the recognition granted by the additional 2[nd] respondent National Council for Teacher Education (for brevity, 'NCTE') and the affiliation granted by the 1[st] respondent University of Kerala, has filed this writ petition under Article 226 of the Constitution of India seeking a writ of mandamus commanding the 1[st] respondent University to include the name of the petitioner college in Annexure I list of affiliated training colleges and centers in Ext.P11 prospectus for admission to B.Ed course (two year programme as per NCTE Regulations, 2014), for the academic session 2020-22, and thus permit the petitioner college to admit students for B.Ed course, for the academic year 2020-21 and for the following year. The petitioner has also sought for a declaration that it is entitled to be included in Annexure-I list of affiliated training colleges and centers in Ext.P11 prospectus issued by the 1[st] respondent University, for admission to B.Ed course, for the academic session 2020-22. 2. On 16.10.2020, when this writ petition came up for admission, the petitioner was directed to file an application to W.P.(C) No.22050 OF 2020(E) -3- implead NCTE Southern Regional Committee, represented by its Regional Director. The learned Standing Counsel for the University of Kerala sought time to get instructions. Pursuant to that order, the petitioner has filed I.A.No.1 of 2020 seeking an order to implead NCTE Southern Regional Committee as additional 2[nd] respondent, which was allowed as per the order dated 21.10.2020, and the learned Standing Counsel for NCTE entered appearance. 3. The learned Standing Counsel for the University of Kerala has filed a statement on behalf of the 1[st] respondent. The learned Standing Counsel for NCTE has also filed a statement on behalf of the additional 2[nd] respondent. The petitioner has filed I.A.No.2 of 2020, seeking an order to accept Ext.P12 as an additional document. 4. Heard the learned counsel for the petitioner, the learned Standing Counsel for the 1[st] respondent University and also the learned Standing Counsel for the additional 2[nd] respondent NCTE. 5. The issue that arises for consideration in this writ petition is as to whether the petitioner college is entitled to be included in Annexure I list of affiliated training colleges and centers in Ext.P11 prospectus issued by the 1[st] respondent University for W.P.(C) No.22050 OF 2020(E) -4- admission to B.Ed course (two year programme as per NCTE Regulations, 2014), for the academic year 2020-22, and to admit students for B.Ed course, for the academic year 2020-21. 6. The National Council for Teacher Education Act, 1993 (for brevity, 'the NCTE Act') is enacted by the Central Government to provide for the establishment of a National Council for Teacher Education with a view to achieve planned and coordinated development for the teacher education system throughout the country, the regulation and proper maintenance of norms and standards in the teacher education system *[including qualifications of school teachers] and for matters connected therewith. [* _inserted by Section 2 of the NCTE (Amendment) Act, 2011, with effect from 01.06.2012_ ]. Clause (c) of Section 2 of the NCTE Act defines ‘Council’ to mean the National Council for Teacher Education established under sub-section (1) of Section 3. Clause (d) defines ‘examining body’ to mean a University, agency or authority to which an institution is affiliated for conducting examinations in teacher education qualifications. Clause (e) of Section 2 defines ‘institution’ to mean an institution which offers courses or training in teacher education. Clause (l) of Section 2 W.P.(C) No.22050 OF 2020(E) -5- defines ‘teacher education’ to mean programmes of education, research or training of persons for equipping them to teach at preprimary, primary, secondary and senior secondary stages in schools, and includes non-formal education, part-time education, adult education and correspondence education. 7. Section 12 of the NCTE Act deals with functions of the Council. As per Section 12, it shall be the duty of the Council to take all such steps as it may think fit for ensuring planned and coordinated development of teacher education and for the determination and maintenance of standards for teacher education and for the purposes of performing its functions under this Act, the Council may (a) undertake surveys and studies relating to various aspects of teacher education and publish the result thereof; (b) make recommendations to the Central and State Governments, Universities, University Grants Commission and recognised institutions in the matter of preparation of suitable plans and programmes in the field of teacher education; (c) coordinate and monitor teacher education and its development in the country; (d) lay down guidelines in respect of minimum qualifications for a person to be employed as a teacher in recognised institutions; (e) W.P.(C) No.22050 OF 2020(E) -6- lay down norms for any specified category of courses or training in teacher education, including the minimum eligibility criteria for admission thereof, and the method of selection of candidates, duration of the course, course contents and mode of curriculum; (f) lay down guidelines for compliance by recognised institutions, for starting new courses or training and for providing physical and instructional facilities, staffing pattern and staff qualifications; (g) lay down standards in respect of examinations leading to teacher education qualifications, criteria for admission to such examinations and schemes of courses or training; (h) lay down guidelines regarding tuition fee and other fee chargeable by recognised institutions; (i) promote and conduct innovation and research in various areas of teacher education and disseminate the results thereof; (j) examine and review periodically the implementation of the norms, guidelines and standards laid down by the Council and to suitably advise the recognised institutions; (k) evolve suitable performance appraisal systems, norms and mechanisms for enforcing accountability on recognised institutions; (l) formulate schemes for various levels of teacher education and identify recognised institutions and set up new institutions for W.P.(C) No.22050 OF 2020(E) -7- teacher development programmes; (m) take all necessary steps to prevent commercialisation of teacher education; and (n) perform such other functions as may be entrusted to it by the Central Government. 8. Section 13 of the NCTE Act deals with inspection. As per sub-section (1) of Section 13, for the purposes of ascertaining whether the recognised institutions are functioning in accordance with the provisions of this Act, the Council may cause inspection of any such institution, to be made by such persons as it may direct, and in such manner as may be prescribed. As per sub-section (2), the Council shall communicate to the institution the date on which inspection under sub-section (1) is to be made and the institution shall be entitled to be associated with the inspection in such manner as may be prescribed. As per sub-section (3), the Council shall communicate to the said institution, its views in regard to the results of any such inspection and may, after ascertaining the opinion of that institution, recommend to that institution the action to be taken as a result of such inspection. As per sub-section (4), all communications to the institution under this section shall be made to the executive authority thereof, and the executive W.P.(C) No.22050 OF 2020(E) -8- authority of the institution shall report to the Council the action, if any, which is proposed to be taken for the purposes of implementing any such recommendation as is referred to in subsection (3). 9. Section 14 of the NCTE Act deals with recognition of institutions offering course or training in teacher education. As per sub-section (1) of Section 14, every institution offering or intending to offer a course or training in teacher education on or after the appointed day, may, for grant of recognition under this Act, make an application to the Regional Committee concerned in such form and in such manner as may be determined by regulations. As per the first proviso to sub-section (1), an institution offering a course or training in teacher education immediately before the appointed day, shall be entitled to continue such course or training for a period of six months, if it has made an application for recognition within the said period and until the disposal of the application by the Regional Committee. As per the second proviso to sub-section (1), such institutions, as may be specified by the Central Government by notification in the Official Gazette, which (i) are funded by the Central Government or the W.P.(C) No.22050 OF 2020(E) -9- State Government or the Union territory Administration; (ii) have offered a course or training in teacher education on or after the appointed day till the academic year 2017-2018; and (iii) fulfil the conditions specified under clause (a) of sub-section (3), shall be deemed to have been recognised by the Regional Committee. 10. As per sub-section (2) of Section 14, the fee to be paid along with the application under sub-section (1) shall be such as may be prescribed. As per sub-section (3), on receipt of an application by the Regional Committee from any institution under sub-section (1), and after obtaining from the institution concerned such other particulars as it may consider necessary, it shall, (a) if it is satisfied that such institution has adequate financial resources, accommodation, library, qualified staff, laboratory and that it fulfils such other conditions required for proper functioning of the institution for a course or training in teacher education, as may be determined by regulations, pass an order granting recognition to such institution, subject to such conditions as may be determined by regulations; or (b) if it is of the opinion that such institution does not fulfil the requirements laid down in sub-clause (a), pass an order refusing recognition to such institution for reasons to be W.P.(C) No.22050 OF 2020(E) -10- recorded in writing. As per the proviso to clause (b) of sub-section (3), before passing an order under sub-clause (b), the Regional Committee shall provide a reasonable opportunity to the concerned institution for making a written representation. As per sub-section (4), every order granting or refusing recognition to an institution for a course or training in teacher education under sub-section (3) shall be published in the Official Gazette and communicated in writing for appropriate action to such institution and to the concerned examining body, the local authority or the State Government and the Central Government. As per sub-section (5), every institution, in respect of which recognition has been refused shall discontinue the course or training in teacher education from the end of the academic session next following the date of receipt of the order refusing recognition passed under clause (b) of subsection (3). As per sub-section (6), every examining body shall, on receipt of the order under sub-section (4), (a) grant affiliation to the institution, where recognition has been granted; or (b) cancel the affiliation of the institution, where recognition has been refused. 11. Section 15 of the NCTE Act deals with permission for a W.P.(C) No.22050 OF 2020(E) -11- new course or training by recognised institution. As per sub-section (1) of Section 15, where any recognised institution intends to start any new course or training in teacher education, it may make an application to seek permission therefor to the Regional Committee concerned in such form and in such manner as may be determined by regulations. As per the proviso to sub-section (1), inserted by the NCTE (Amendment) Act, 2019, with effect from 17.08.1995, the course or training in teacher education offered on or after the appointed day till the academic year 2017-2018 by such institutions, as may be specified by the Central Government by notification in the Official Gazette, which (i) are funded by the Central Government or the State Government or the Union territory Administration; and (ii) fulfil the conditions specified under clause (a) of sub-section (3), shall be deemed to have been granted permission by the Regional Committee. As per sub-section (2) of Section 15, the fees to be paid along with the application under sub-section (1) shall be such as may be prescribed. As per sub-section (3), on receipt of an application from an institution under sub-section (1), and after obtaining from the recognised institution such other particulars as may be considered necessary, W.P.(C) No.22050 OF 2020(E) -12- the Regional Committee shall, (a) if it is satisfied that such recognised institution has adequate financial resources, accommodation, library, qualified staff, laboratory, and that it fulfils such other conditions required for proper conduct of the new course or training in teacher education, as may be determined by regulations, pass an order granting permission, subject to such conditions as may be determined by regulation; or (b) if it is of the opinion that such institution does not fulfil the requirements laid down in clause (a), pass an order refusing permission to such institution, for reasons to be recorded in writing. As per the proviso to clause (b), before passing an order refusing permission under clause (b), the Regional Committee shall provide a reasonable opportunity to the institution concerned for making a written representation. As per sub-section (4) of Section 15, every order granting or refusing permission to a recognised institution for a new course or training in teacher education under sub-section (3), shall be published in the Official Gazette and communicated in writing for appropriate action to such recognised institution and to the concerned examining body, the local authority, the State Government and the Central Government. W.P.(C) No.22050 OF 2020(E) -13- 12. As per Section 16 of the NCTE Act, notwithstanding anything contained in any other law for the time being in force, no examining body shall, on or after the appointed day, (a) grant affiliation, whether provisional or otherwise, to any institution; or (b) hold examination, whether provisional or otherwise, for a course or training conducted by a recognised institution, unless the institution concerned has obtained recognition from the Regional Committee concerned, under Section 14 or permission for a course or training under Section 15. 13. Section 17 of the NCTE Act deals with contravention of provisions of the Act and consequences thereof. As per sub-section (1) of Section 17, where the Regional Committee is, on its own motion or on any representation received from any person, satisfied that a recognised institution has contravened any of the provisions of this Act or the rules, regulations, orders made or issued thereunder, or any condition subject to which recognition - - under sub section (3) of Section 14 or permission under sub section (3) of Section 15 was granted, it may withdraw recognition of such recognised institution, for reasons to be recorded in writing. As per the first proviso to sub-section (1), no such order W.P.(C) No.22050 OF 2020(E) -14- against the recognised institution shall be passed unless a reasonable opportunity of making representation against the proposed order has been given to such recognised institution. As per the second proviso to sub-section (1), the order withdrawing or refusing recognition passed by the Regional Committee shall come into force only with effect from the end of the academic session next following the date of communication of such order. As per sub-section (2) of Section 17, a copy of every order passed by the Regional Committee under sub-section (1), (a) shall be communicated to the recognised institution concerned and a copy thereof shall also be forwarded simultaneously to the University or the examining body to which such institution was affiliated for cancelling affiliation; and (b) shall be published in the Official Gazette for general information. As per sub-section (3) of Section 17, once the recognition of a recognised institution is withdrawn under sub-section (1), such institution shall discontinue the course or training in teacher education, and the concerned University or the examining body shall cancel affiliation of the institution in accordance with the order passed under sub-section (1), with effect from the end of the academic session next following the date W.P.(C) No.22050 OF 2020(E) -15- of communication of the said order. As per sub-section (4) of Section 17, if an institution offers any course or training in teacher education after the coming into force of the order withdrawing recognition under sub-section (1), or where an institution offering a course or training in teacher education immediately before the appointed day fails or neglects to obtain recognition or permission under this Act, the qualification in teacher education obtained pursuant to such course or training or after undertaking a course or training in such institution, shall not be treated as a valid qualification for purposes of employment under the Central Government, any State Government or University, or in any school/college or other educational body aided by the Central Government or any State Government. 14. In view of the provisions under sub-section (1) of Section 17 of the NCTE Act, where the Regional Committee, on its own motion or on any representation received from any person, is satisfied that a recognised institution has contravened any of the provisions of the Act or the rules, regulations, orders made or issued thereunder, or any condition subject to which recognition under sub-section (3) of Section 14 or permission under sub- W.P.(C) No.22050 OF 2020(E) -16- section (3) of Section 15 was granted, it may withdraw recognition of such recognised institution, for reasons to be recorded in writing. As per the first proviso to sub-section (1), no such order against the recognised institution shall be passed unless a reasonable opportunity of making representation against the proposed order has been given to such recognised institution. As per the second proviso to sub-section (1), the order withdrawing or refusing recognition passed by the Regional Committee shall come into force only with effect from the end of the academic session next following the date of communication of such order. In view of the provisions under sub-section (3) of Section 17, once the recognition of a recognised institution is withdrawn under subsection (1), such institution shall discontinue the course or training in teacher education, and the concerned University or the examining body shall cancel affiliation of the institution in accordance with the order passed under sub-section (1), with effect from the end of the academic session next following the date of communication of the said order. 15. Section 17 of the NCTE Act empowers the Regional Committee of the NCTE to withdraw recognition granted to an W.P.(C) No.22050 OF 2020(E) -17- institution offering course or training in teacher education, for reasons to be recorded in writing, where the Regional Committee is satisfied, on its own motion or on any representation received from any person, that a recognised institution has contravened any of the provisions of this Act or the rules, regulations, orders made or issued thereunder, or any condition subject to which recognition under sub-section (3) of Section 14 or permission under subsection (3) of Section 15 was granted. As per the first proviso to sub-section (1) of Section 17, no such order against the recognised institution shall be passed unless a reasonable opportunity of making representation against the proposed order has been given to such recognised institution. 16. In **Adarsh Shiksha Mahavidyalaya v. Subhash Rahangdale [(2012) 2 SCC 425]** the Apex Court noticed that the mechanism for dealing with the cases involving violation of the provisions of the NCTE Act or the rules, regulations, orders made or issued thereunder or the conditions of recognition by a recognised institution finds place in Section 17. Once the recognition is granted, the same can be withdrawn only under subsection (1) of Section 17 if there is a contravention of the W.P.(C) No.22050 OF 2020(E) -18- provisions of the Act or the Rules, or the Regulations, or orders made therein, or any condition subject to which recognition was granted under clause (a) of sub-section (3) of Section 14 or permission was granted under clause (a) of sub-section (3) of Section 15. 17. In the instant case, the pleadings and materials on record would show that the petitioner college was originally granted recognition by Ext.P2 order dated 25.02.2005 of the 2[nd] respondent NCTE, for starting B.Ed course of one year duration, from the academic session 2004-05, with an annual intake of 100 students. For conducting B.Ed. course, the 1[st] respondent University has granted provisional affiliation from the academic year 2005-06. The document placed on record as Ext.P3 is the University order dated 30.06.2005 granting provisional affiliation to commence B.Ed course from the academic year 2005-06. 18. In paragraph 3 of the writ petition, it is admitted that, the petitioner college is not offering B.Ed course from the academic year 2012-13 due to change in the course structure from one year to two years and other related factors. The management found it difficult to make timely payment of salary to the teaching and non- W.P.(C) No.22050 OF 2020(E) -19- teaching staff. The number of students admitted during the academic session 2011-12 was only 21, as against the intake of 100. The petitioner college requested the 1[st] respondent University to keep in abeyance the affiliation for B.Ed course, by making a request on 08.02.2016. The Syndicate of the University in its meeting held on 20.06.2016 decided to withdraw affiliation of the petitioner college, subject to remittance of Rs.2 Lakhs towards fee for closure. However, the petitioner could not comply with that condition, due to financial crisis. On 13.03.2019, the University issued Ext.P5 communication, wherein it was stated that in order to issue NOC for closure of the college the petitioner has to remit the required fee. Ext.P5 was followed by Ext.P6 communication dated 19.6.2019 and Ext.P7 communication dated 01.01.2020. Thereafter, in the wake of Covid-19 pandemic, the University issued Ext.P8 communication dated 05.05.2020 to the Manager of the petitioner college to support the staff members by disbursing full salary for the months of March/April, 2020. After the receipt of Ext.P8, the petitioner submitted Ext.P9 request dated 15.07.2020 before the University in order to open the college during the current academic year, i.e., 2020-21. W.P.(C) No.22050 OF 2020(E) -20- 19. As already noticed, the petitioner college was originally granted recognition by Ext.P2 order dated 25.02.2005 of NCTE for conducting B.Ed course with one year duration, from the academic session 2004-05, with an annual intake of 100 students. After the coming into force of the NCTE Regulations, 2014, with a course duration of two years for B.Ed. Course with basic unit of 50 students, the petitioner college did not submit the required affidavit of its acceptance to adhere the provisions of the NCTE Regulation, 2014. Therefore, the petitioner college was never issued with a revised provisional recognition order in terms of the NCTE Regulations, 2014 for B.Ed course with duration of two years, with one unit of 50 students or two units of 50 students each. As borne out from Ext.P10, the Southern Regional Committee of the NCTE in its 294[th] meeting held on 14-15, November, 2015 decided to issue show cause notice to the petitioner college and based on that decision a show cause notice was issued on 20.05.2016. The petitioner college did not submit reply to that show cause notice. The matter was further considered by the Southern Regional Committee in its 386[th] meeting held on 23-24 July, 2020 and it was decided to issue a final show cause notice to the petitioner college W.P.(C) No.22050 OF 2020(E) -21- and based on that decision, the petitioner college was issued with Ext.P10 final show cause notice dated 05.08.2020. Without submitting any explanation whatsoever to Ext.P10 final show cause notice, the petitioner college has filed this writ petition before this Court on 15.10.2020, seeking a declaration that it is entitled to admit students for B.Ed course during the current academic year, ie., 2020-21, by inclusion of its name in Annexure-I list of affiliated colleges and centers in Ext.P11 prospectus issued by the 1[st] respondent University for admission to B.Ed course, for the academic year 2020-21. During the pendency of this writ petition, the petitioner college submitted Ext.P12 reply dated 9.11.2020 to Ext.P10 final show cause notice dated 05.08.2020, enclosing therewith affidavit regarding statutory compliance of the NCTE Regulations, 2014 and other documents. 20. Admittedly, the petitioner college is not having recognition in terms of the NCTE Regulations, 2014 for conducting B.Ed course with two year duration, with one unit of 50 students or two units of 50 students each. The petitioner college is admittedly not conducting B.Ed course after the introduction of the NCTE Regulations, 2014 for want of recognition in terms of the said ## W.P.(C) No.22050 OF 2020(E) -22- Regulations. 21. In **State of U.P. v. Harish Chandra [(1996) 9 SCC 309]** the Apex Court held that no mandamus can be issued to direct the Government to refrain from enforcing the provisions of law or to do something which is contrary to law. In **Bhaskara Rao A.B. v. CBI [(2011) 10 SCC 259]** the Apex Court reiterated that, generally, no Court has competence to issue a direction contrary to law nor can the Court direct an authority to act in contravention of the statutory provisions. The courts are meant to enforce the rule of law and not to pass the orders or directions which are contrary to what has been injected by law. 22. In the absence of recognition under the provisions of the NCTE Regulations, 2014 for conducting to conduct B.Ed course with two year duration, with one unit of 50 students or two units of 50 students each, the petitioner college cannot seek a writ of mandamus commanding the 1 st respondent University to include its name in Annexure I list of affiliated training colleges and centers in Ext.P11 prospectus for admission to B.Ed course (two year programme as per NCTE Regulations, 2014), for the academic session 2020-22, and permit the college to admit students for B.Ed W.P.(C) No.22050 OF 2020(E) -23- - course for the academic year 2020 21, since no mandamus can be issued directing the 1[st] respondent University or the 2[nd] respondent NCTE to do something which is contrary to law. 23. The learned counsel for the petitioner would submit that the 2[nd] respondent NCTE may be directed to consider Ext.P12 reply dated 9.11.2020 of the petitioner college to Ext.P10 final show cause notice dated 05.08.2020, enclosing therewith affidavit regarding statutory compliance of the NCTE Regulations, 2014 and other documents. 24. The learned Standing Counsel for NCTE would submit that Ext.P12 reply dated 9.11.2020 of the petitioner college to Ext.P10 final show cause notice dated 05.08.2020, enclosing therewith affidavit regarding statutory compliance of the NCTE Regulations, 2014 and other documents shall be placed before the Southern Regional Committee of the NCTE and the Committee shall take an appropriate decision in the matter, in accordance with law. 25. In the above circumstances, this writ petition is disposed of by directing the Southern Regional Committee of the NCTE to consider Ext.P12 reply dated 9.11.2020 of the petitioner college to Ext.P10 final show cause notice dated 05.08.2020, W.P.(C) No.22050 OF 2020(E) **==> picture [25 x 8] intentionally omitted <==** enclosing therewith affidavit regarding statutory compliance of the NCTE Regulations, 2014 and other documents, and take an appropriate decision in the matter, strictly in accordance with law, after affording the petitioner an opportunity of being heard, as expeditiously as possible. Sd/- **ANIL K. NARENDRAN JUDGE** bpr W.P.(C) No.22050 OF 2020(E) -25- ## **APPENDIX** ## **PETITIONER'S EXHIBITS:** **BIT P1 A TRUE COPY OF THE NOC FOR STARTING UNAIDED B.ED TRAINING COLLEGE ISSUED DATED 30-06-2004 BY THE STATE GOVERNMENT EXHIBIT P2 A TRUE COPY OF THE RECOGNITION ORDER BY THE NCTE DATED 25-2-2005 EXHIBIT P3 A TRUE COPY OF THE AFFILIATIOR ORDER DATED 30-06-2005 EXHIBIT P4 A TRUE COPY OF THE CHAPTER 24 OF THE KERALA UNIVERSITY FIRST STATUTE, 1977 DATED NIL. EXHIBIT P5 A TRUE COPY OF THE COMMUNICATION FROM THE UNIVERSITY DATED 13-3-2019 EXHIBIT P6 A TRUE COPY OF THE ORDER OF THE UNIVERSITY DATED 19-06-2019 EXHIBIT P7 A TRUE COPY OF THE COMMUNICATION DATED 1- 1-2020 EXHIBIT P8 A TRUE COPY OF THE COMMUNICATIOND ATED 5- 5-2020 OF THE UNIVERSITY EXHIBIT P9 A TRUE COPY OF THE COMMUNICATION/REPRESENTATION BY THE PETITIONER DATED 15-07-2020 EXHIBIT P10 A TRUE COPY OF THE COMMUNICATION OF THE N C T E DATED 5-08-2020 EXHIBIT P11 A TRUE COPY OF THE PROSPECTUS OF THE UNIVERSITY FOR B.ED ADMISSION DATED NIL. EXHIBIT P12 A TRUE COPY OF THE AFFIDAVIT AND THE DOCUMENT SUBMITTED BY THE PETITIONER BEFORE THE N C T DATED 9.11.2020.** ## **RESPONDENTS' EXHIBITS: NIL**