Kannur Salafi B. Ed Ollege vs Kannur University And Ors

Shaffique, J

The appeal has been filed challenging the judgment dated 09.12.2020 in W.P.(C)No.26983/2020. The writ petition was filed by the appellant

institution, namely Kannur Salafi B.Ed College challenging Ext.P7, by which the Kannur University had, issued a communication, stating that the

appellant college is not permitted to admit students for the academic year 2020-2021 and the name of the college stands deleted from the seat matrix

of 2020 â€" 2021 admission. The appellant's main contention was that the University had permitted the appellant institution to take part in the allotment

process, which is evident from Ext.P9 and without any valid reason the permission to admit students has been withdrawn.

The appellant also had placed reliance on Ext.P5, an order passed by the National Council for Teacher Education on 16.10.2020; wherein the

recognition of the appellant college had been withdrawn for conducting B.Ed course for two year duration with effect from “next academic

sessionâ€. The contention urged by the appellant is that the word “next academic session†apparently indicates that no admission should be

carried out during the academic year 2021-2022. In other words, there is no restriction to proceed with the admissions during the academic year 2020-

2021. The learned single Judge, however, having taking note of the aforesaid contention as well as the reasons for cancellation of the recognition,

dismissed the writ petition. While impugning the aforesaid judgment, the learned counsel appearing for the appellant submits that the appellant college

has a valid legal right to continue admission to the course as the recognition stands withdrawn only from the next academic year.

We have heard the learned standing counsel appearing for the University as well as the NCTE.

It is brought to our notice that even in the minutes, which form part of Ext.P5, the committee of NCTE had decided to withdraw the recognition

granted to the college with effect from 2020-2021 academic session.

The learned counsel for the appellant had relied upon Section 17 of the NCTE Act 1993 which reads as under:

“17.Contravention of the provisions of the Act and consequences thereof-(1)Where the regional Committee is, on its own motion or on any

representation received from any person, satisfied that a recognized 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 subsection (3) of Section 14 or permission under

Subsection (3) of Section 15 was granted, it may withdraw recognition of such recognized institution for reasons to be recorded in writing;

Provided that no such order against the recognized institution shall be passed unless a reasonable opportunity of making representation against the

proposed order has been given to such recognized institution.:

Provided further that the order withdrawing or refusing recognition passed by the regional committee shall come into force only with effect from the

end of th academic session next following the date of communication of such order.

The crux of the argument is based on the second proviso, which indicates that the withdrawal of recognition shall come into force only with effect

from the end of the academic session next following the date of communication of such order. It is apparent from the aforesaid provision that the

above proviso had been incorporated to save the students, who already got admission in the respective colleges; where the recognition has been

withdrawn. It is brought to our notice that, earlier the B.Ed course was for a period of one year and presently it is for two years. As far as the

students, who are already admitted and continuing the course, the recognition would be valid until the course is over. But in respect of new admission,

there is justification on the part of the Kannur University in rejecting the same as, if for any reasons, the students are admitted, they cannot continue

beyond 2021-2022 for completing the course. Under such circumstance, there is justification on the part of the University in issuing Ext.P7. We do not

find any ground to interfere in the matter.

Since an appeal had already been filed, it shall be open for the appellate authority to pass appropriate orders in accordance with the procedure

prescribed. The fate of the appellant shall be subject to the order being passed in the appeal pending before the appellate authority.