Justice Dinesh Kumar Singh, Kerala High Court
Colleges Seeking Recognition And Affiliation Cannot Be Made To Suffer On Account Of Inefficiency Of NCTE: Kerala High Court
|A Writ Petition was filed by an autonomous college seeking recognition to offer the Integrated Teacher Education Programme in the academic year 2025-26.
The Kerala High Court has allowed a Writ Petition filed by a College and directed the National Council for Teacher Education (NCTE) to include the College in the eligible list of Institutions for allotment of students for taking admission for Integrated Teacher Education Programme (ITEP) for the Academic Year 2025-26.
The Court noted that if NCTE is not manned effectively and efficiently, the Colleges that have completed all the formalities as required well within time cannot be made to suffer.
The Bench of Justice D.K. Singh observed that “statutory bodies are required to be governed effectively and efficiently, and if they are not being governed effectively and efficiently, the Colleges which are seeking recognition and affiliation cannot be made to suffer.”
The Petitioner was represented by Senior Advocate George Poonthottam, while the Respondents were represented by Advocate Dr. Abraham P. Meachinkara.
Brief Facts
The Petitioner is an autonomous college, recognised by the State Government and affiliated to the University of Calicut. The Petitioner College applied for the recognition of the Integrated Teacher Education Programme for the Academic Year 2025- 26.
On inspection of the institution and infrastructure of the Petitioner College, the Respondent No. 1 (NCTE) issued a letter of intent regarding the recognition. The Petitioner College submitted all the required documents in a timely manner and in compliance with the NCTE schedule for recognition. However, the recognition granted to the Petitioner College was for the academic year 2026-27.
Court’s Reasoning
Given the facts and circumstances, the Court noted that it was an admitted case that the Respondents had not adhered to the timeline prescribed for granting recognition and affiliation. The Court analysed that the NCTE cannot put the blame on the Petitioner College when it was they who did not adhere to the timelines prescribed.
Further, in regard to the recognition given for the academic year 2026-27 instead of 2025-26, the Court found it to be deficient in logic and reason.
The Bench observed that “if the first respondent /NCTE is not manned effectively and efficiently by competent persons, the Colleges that have completed all the formalities as required well within time cannot be made to suffer…It is also not in dispute that the result of the entrance examination has not been published, and the petitioner-College has all the requisite infrastructure for imparting ITEP for the Academic Session 2025-26.”
In concluding remarks, the Court opined that since the Petitioner College had timely met all the requirements of the NCTE, and it is a case of inefficiency and delay caused by the Respondents, thus, the College cannot be made to suffer.
Accordingly, the Writ Petition was allowed by the Kerala High Court.
Cause Title: The Secretary Cum Manager, Majilis Arts and Science College v. National Council for Teacher Education & Anr. (Neutral Citation: 2025:KER:41303)
Appearance:
Petitioner: Senior Advocate George Poonthottam, Advocates Nisha George and Kavya Varma M. M.
Respondent: Advocate Dr. Abraham P. Meachinkara