Dr. K. Rayar vs Union of India and Others

R. Sudhakar, J.—Mr. Mohana Murali, the learned Senior Central Government Standing Counsel, takes notice for respondents 1 to 5 and Mr. A. Kumar, the learned Special Government Pleader, takes notice for the sixth respondent.

The Writ Petition has been filed for a mandamus, seeking to direct the respondents 2 to 5 to consider the name of the petitioner for Member/Chairperson of the Southern Regional Committee, National Council for Teacher Education, Bangalore, as per the rules and regulation of National Council for Teacher Education Act, 1993, for the period 2014-2016.

The petitioner had started Jeyasurya Self Employment Teachers Education Trust in the year 1999 and the said Trust is running various educational institutions. According to the petitioner, based on his professional credential, he was nominated as a Member of the National Council for Teacher Education in the year 2006 and the term of office is two years. The petitioner has submitted a representation to respondent Nos. 2 and 3 on 10.01.2014, seeking to nominate his name for Member/Chairperson of the Southern Regional Committee, National Council for Teacher Education, Bangalore, as per the rules and regulation of National Council for Teacher Education Act, 1993, for the period 2014-2016. But, no order was passed till date. Hence, the petitioner is before this Court with this Writ Petition seeking the relief as stated supra.

I have heard Mr. D. Prabhu Mukunth, the learned counsel appearing for the petitioner; Mr. Mohanamurali , the learned Senior Central Government Standing Counsel appearing for respondents 1 to 5; and also Mr. A. Kumar, the learned Special Government Pleader, appearing for the sixth respondent.

It is relevant to refer to Section 20 of National Council for Teacher Education Act, 1993, which provides the manner in which the nomination of Member/Chairperson of the National Council for Teacher Education Act, 1993, has to be made and it reads as follows:-

Regional Committees.-- (1) The Council shall, by notification in the Official Gazette, establish the following Regional Committees, namely:-

i. the Eastern Regional Committee;

ii. the Western Regional Committee;

iii. the Northern Regional Committee; and

iv. the Southern Regional Committee.

(2) The Council may, if it considers necessary, establish with the approval of the Central Government, such other Regional Committees as it may deem fit.

(3) The Regional Committee shall consist of the following members, namely:-

(a) a Member to be nominated by the Council;

(b) one representative from each of the States and the Union territories of the region, to be nominated by the respective States and the Union territories;

(c) such number of persons, having special knowledge and experience in matters relating to teacher education, as may be determined by regulations.

(4) The Council shall nominate one of the members of the concerned Regional Committee to function as the Chairperson of the said Committee.

(5) The term of office of the members referred to in clause (c) and the allowances payable to such members shall be such as may be determined by regulations.

(6) The Regional Committee shall, in addition to its functions under Sections 14, 15 and 17, perform such other functions, as may be assigned to it by the Council or as may be determined by regulations.

(7) The functions of the procedure to be followed by, the territorial jurisdiction of, and the manner of filling casual vacancies among members of, a Regional Committee shall be such as may be determined by regulations.

Admittedly, the petitioner has submitted a representation on 10.01.2014, seeking to nominate his name for Member/Chairperson of the Southern Regional Committee, National Council for Teacher Education, Bangalore, as per the rules and regulation of National Council for Teacher Education Act, for the period 2014-2016. In my considered opinion, it is for the authority concerned, i.e., respondents 2 to 5 to nominate the eligible person as Member/Chairperson of the Southern Committee, National Council for Teacher Education, Bangalore, as per the above said rules and regulation of the National Council for Teacher Education Act. However, the law does not provide that a particular candidate should be mandatorily nominated for the said post. The petitioner cannot invoke the writ jurisdiction and it is not the proper forum for the petitioner to seek the relief of mandamus, to nominate his name for Member/ Chairperson of the Southern Regional Committee and there is no vested right to seek such a remedy. The authority concerned is at discretion to dispose of the representation, dated 10.01.2014, on merits and in accordance with law. Accordingly, the Writ Petition is disposed of. Consequently, connected Miscellaneous Petition is closed. There shall be no order as to costs.