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Judgment
Devan Ramachandran, J
Dr.Abraham P. Meachinkara – learned Standing Counsel appearing for the 4th respondent National Council for Teacher Education (NCTE), submitted that since the withdrawal of recognition of the 1st petitioner - “Hindi Prachara Kendra College of Teacher Education”, has been stayed by this Court through an interim order in W.P.(C).No.11427/2022, he will not stand in the way of this Court issuing appropriate orders in terms of Ext.P3 – judgment of this Court.
Sri.P.C.Sasidharan – learned Standing Counsel for the Calicut University, submitted that, normally affiliation can be continued only if there is a subsisting recognition by the NCTE. He added that, however, if the NCTE takes the stand that the benefit of Ext.P3 judgment can be made available to the 1st petitioner for this year, because there is an interim order granted in W.P. (C).No.11427/2022, his client will abide by any further direction to be issued by this Court.
When I evaluate and consider the afore submissions, it is indubitable that, as of now, the recognition granted by the NCTE to the 1st petitioner college has been withdrawn; but this has been stayed by this Court through an interim order dated 31.05.2022 in W.P.(C).No.11427/2022. When the NCTE takes the stand that the benefit of Ext.P3 judgment can be made available to the 1st petitioner for this year, however, subject to the final decision in the writ petition, I do not think that there should be any prejudice to the University either, particularly because if the writ petition is to end against the petitioner college, then all benefits even through this judgment could be lost to them.
Hence, recording the afore submissions of Dr.Abraham P.Meachinkara, I allow this writ petition and direct the 1st respondent University to grant affiliation to the petitioner college for the academic year 2023-2024, subject to all other requisite statutory conditions being satisfied and complied with; however, clarifying that this benefit is being offered solely taking into account the interim order of this Court in W.P.(C).No.11427/2022, and consequently that if the said writ petition is to end against the petitioner, they would not obtain any benefit either in equity or in law.