High CourtsSingle Bench(2023) 09 KL CK 0225

Manager Seethisahib Memorial Teacher Training Institute Azhikode vs State Of Kerala

High Court Of Kerala · Decided on 26 September 2023

HON’BLE JUDGES
T.R. Ravi, J
RESULT
Allowed
CASE NUMBER
Writ Petition (C) No. 31535 Of 2023

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Judgment

4 paragraphs · 296 words

T.R. Ravi, J.

1.

The Manager of an institution who is conducting the course of Diploma in Elementary Education has approached this Court against the restrictions in the number of seats for the academic year as 22 in the place of 50 which is permitted by the 3rd respondent.

2.

The Government Pleader on instructions submits that if the 3rd respondent has granted permission and if the petitioner has necessary infrastructure they have no objection in the petitioner admitting the students. The Counsel for the petitioner and the 3rd respondent placed before me the judgments of this Court in W.P(C) No.24788/2023 and W.P(C) No.31577/2022, where, in similar circumstances this Court had quashed the orders limiting the seats to 22, and declared that the petitioners therein were entitled to admit 50 students in terms of the National Council For Teacher Education Recognition and Regulations, 2014. It is seen from Clause 3 (1) of Appendix II of the Regulations that for the purpose of intake the basic unit shall be 50 students and that two basic units are permissible initially. Admittedly, the petitioner has one basic unit which permits admission of 50 students. I do not find any reason to take a different view than the view taken in the aforesaid judgments.

In the result, the writ petition is allowed. Annexure II in Ext.P3 which restricts the intake of students to 22 is quashed. It is declared that the petitioner institution is entitled to admit 50 students as prescribed by the 3rd respondent. The respondents 1 and 2 are directed to permit the petitioner to admit 50 students. There will be a further direction to the 2nd respondent to give necessary direction to the concerned District Education Officer to allot necessary students for admission to the 50 seats.