SRI VENKATESHWARA EDUCATIONAL & vs. NATIONAL COUNCIL FOR TEACHER EDUCATION

1 IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 23rd DAY OF AUGUST 2012 BEFORE THE HON'BLE MR. JUSTICE RAM MOHAN REDDY WRIT PETITION No.29087 OF 2012 (EDN-REG-P) BETWEEN SRI VENKATESHWARA EDUCATIONAL & CHARITABLE TRUST BY ITS SECRETARY DR K ASHA JOTHI, KOTUR VILLAGE T KUPPAM POST BANGARUPALYAM-517416 CHITTOOR DISTRICT, A.P. ... PETITIONER (BY SRI. M N PRASANNA, ADV.) AND NATIONAL COUNCIL FOR TEACHER EDUCATION A STATUTORY BODY OF THE GOVERNMENT OF INDIA, SOUTHERN REGIONAL COMMITTEE HAVING ITS REGIONAL OFFICE AT NAGARABHAVI, JNANA BHARATHI CAMPUS ROAD, OPP: NATIONAL LAW SCHOOL BANGALORE-560072, REP.BY ITS REGIONAL DIRECTOR ... RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE ENTIRE RECORDS LEADING TO THE PROCEEDINGS OF 227TH MEETING OF THE RESPONDENT

2 AND QUASH DECISION OF THE SOUTHERN REGIONAL COMMITTEE - NATIONAL COUNCIL FOR TEACHER EDUCATION TAKEN IN ITS 227TH MEETING HELD ON 17TH- 19TH JULY 2012 VIDE ANNEX-J TO THE WRIT PETIITON, BY ISSUE OF A WRIT IN THE NATURE OF CERTIORARI IN SO FAR AS IT CONCERNS THE PETITIONER LISTED AT SL. NO.43 OF THE PROCEEDINGS AND DIRECT THE RESPONDENT TO IMMEDIATELY CONVENE A MEETING OF THE SRC-NCTE TO DECIDE AND GRANT THE APPLICATION OF THE PETITIONER TO START D.EI.ED COURSE AT ITS INSTITUTION

AFTER

INSPECTION

AND

OTHER INCIDENTIAL FORMALITIES DURING THE ACADEMIC YEAR 2012-13 FORTHWITH; AND ETC. THIS PETITION IS COMING ON FOR PRL.HEARING THIS DAY, THE COURT MADE THE FOLLOWING: O R D E R Petitioner with an intention to commence a course in Diploma in Elementary Education Programme (D.El.Ed.) in the State of Andhra Pradesh, having made an application to the respondent – National Council for Teacher Education, Bangalore, which when rejected, has presented this petition. 2. The Apex Court in RAJENDRAN CHINGARAVELU VS. R.K.MISHRA, ADDL. COMMISSIONER OF INCOME TAX &

3 ORS.1, having regard to Art.226(2) of the Constitution of India, observed that even if a fraction of the cause of action accrued within the territories of a State, High Court of that State will have the jurisdiction. Applying the same to the facts of this case, admittedly the petitioner - educational institution at Chittoor seeking to commence the course in question, the cause of action having fully arisen in the State of Andhra Pradesh, I decline to interfere. Petition rejected. Sd/- JUDGE rd/- 1 (2010) 1 SCC 457