Case Note & Summary
The writ appeals arose from a common order of a single judge disposing of two writ petitions filed by Saveetha Institute of Technical and Medical Sciences. The single judge had directed the National Council for Teacher Education (NCTE) to open its web portal and receive applications from the respondent for approval of B.Ed. and M.P.Ed. courses for the academic year 2024-25, with a direction to process the applications on merits. The NCTE challenged this order in the present appeals. During the pendency of the appeals, the respondent submitted applications, but the academic year 2024-25 was coming to an end, rendering those applications irrelevant. The court noted a Delhi High Court judgment in W.P.(C) Nos.12983 of 2022 etc., which had recognized that under Section 12(c) of the NCTE Act, the NCTE had implied powers to return pending applications. The NCTE had returned all 430 applications received to the respective institutions. The respondent argued that the web portal had not been opened, preventing submission of applications, and sought processing of the applications without a final decision, relying on an interim order of the Division Bench of the Delhi High Court in LPA Nos.507 of 2022 etc. The court observed that since the academic year was ending, the applications lost relevance, and that no further consideration was needed for the claim in the writ petitions. It accordingly set aside the impugned order of the single judge and allowed the writ appeals. No costs were imposed.
Headnote
A) Education Law - Teacher Education Institutions - Approval of Courses - NCTE Regulations - Directions of single judge to accept applications for academic year 2024-25 set aside as academic year ending and applications lost relevance - Held that the impugned order was set aside and writ appeals allowed (Paras 3, 9, 10).
B) Administrative Law - Doctrine of Implied Powers - Section 12(c) of National Council for Teacher Education Act, 1993 - NCTE empowered to return pending applications under implied powers, as per Delhi High Court judgment in W.P.(C) Nos.12983 of 2022 - Court relied on the Delhi High Court's reasoning that NCTE's power to implement its decision includes the power to return applications (Paras 5, 6).
Issue of Consideration
Whether the directions of the single judge to accept applications for B.Ed. and M.P.Ed. courses for the academic year 2024-25 were sustainable given that the academic year was ending and the NCTE had implied powers to return pending applications
Final Decision
The writ appeals are allowed; the impugned order of the single judge dated 10.04.2023 is set aside. No costs.
Law Points
- Legal points not extracted
- Doctrine of implied powers under Section 12(c) of NCTE Act
- 1993
- relevance of academic year for processing course approval applications
- NCTE's power to return pending applications
Case Details
2025 LawText (MAD) (02) 68
S.M.Subramaniam, K.Rajasekar
Citation not available, 2025:MHC:544
V.Ashokkumar, Su.Srinivasan, P.Navaneethakrishnan
The Member Secretary, National Council for Teacher Education and The Regional Director, National Council for Teacher Education, Southern Regional Committee
The Registrar, Saveetha Institute of Technical and Medical Sciences
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Nature of Litigation
Writ appeals challenging the common order of the single judge granting directions to the NCTE to receive applications for course approval.
Remedy Sought
The appellants sought to set aside the single judge's order and have the writ appeals allowed.
Filing Reason
The single judge had directed the NCTE to open its web portal and receive applications for approval of B.Ed. and M.P.Ed. courses for academic year 2024-25, which the NCTE contested.
Previous Decisions
The single judge had disposed of the writ petitions (W.P.Nos.34228 & 34233 of 2018) on 10.04.2023 with directions to the NCTE to open the portal and process applications for the academic year 2024-25.
Issues
Whether the directions of the single judge to accept applications for the academic year 2024-25 were sustainable given that the academic year was ending.
Whether the NCTE could return pending applications under the doctrine of implied powers as per the NCTE Act.
Submissions/Arguments
Appellants argued that the single judge's order was not sustainable as the academic year 2024-25 was ending and applications lost relevance; all 430 applications received were returned to institutions.
Appellants relied on the Delhi High Court judgment upholding NCTE's implied powers to return pending applications under Section 12(c) of the NCTE Act.
Respondent contended that the web portal had not been opened, preventing submission of applications, and sought that applications be processed without a final decision as per the interim order of the Delhi High Court Division Bench.
Ratio Decidendi
Since the academic year 2024-25 was coming to an end, the directions to accept applications for that year became infructuous. Further, the NCTE had implied powers under Section 12(c) of the NCTE Act to return pending applications, as held by the Delhi High Court, thus the single judge's order was rightly set aside.
Judgment Excerpts
Since the academic year 2024-25 is going to come to an end, the applications submitted by the respondent lost their relevance.
The return of the petitioners' applications can clearly be justified even by application of the doctrine of implied powers.
that being so, no further consideration is required in respect of the claim set out by the respondent in the writ petitions. Accordingly, the impugned order passed by the writ Court is set aside and the writ appeals are allowed.
Procedural History
The respondent filed writ petitions (W.P.Nos.34228 & 34233 of 2018) seeking approval for B.Ed. and M.P.Ed. courses. The single judge disposed of these petitions on 10.04.2023, directing the NCTE to accept applications for the academic year 2024-25. Aggrieved, the NCTE filed the present writ appeals (W.A.Nos.32 & 60 of 2024). During pendency, the Delhi High Court in W.P.(C) Nos.12983 of 2022 etc. (judgment dated 22.04.2024) recognized the NCTE's implied powers to return pending applications, and the Division Bench in LPA Nos.507 of 2022 etc. passed an interim order on 07.05.2024 directing the portal to be opened but no final decisions on applications. The respondent submitted applications but the academic year was ending. On 25.02.2025, the Division Bench of Madras High Court allowed the appeals, setting aside the single judge's order, noting the applications became infructuous and NCTE had returned all 430 applications.
Acts & Sections
- National Council for Teacher Education Act, 1993: Section 12(c)
