Sudha Moulee, Teacher Training Institution vs National Council for Teachers' Education and The NCTE, Southern Regional Committee

Markandey Katju, C.J.—This writ appeal has been filed against the impugned order of the learned single Judge dated 23.6.2005 passed in

Writ Petition No. 37397 of 2004.

We have heard the learned counsel for the appellant and perused the impugned order and find no infirmity in the same.

The appellant institution wanted to start a D.TEd Course at Thirukannur, Pondicherry State. The National Council for Teachers'' Education,

Southern Regional Committee made an inspection and found certain infirmities and hence refused to grant recognition to the institution. Against that

order, the appellant filed appeal before the National Council for Teachers'' Education, New Delhi, which has remanded the matter back to the

second respondent for verifying the claims of the institution by causing an inspection. Learned counsel for the appellant submitted that there are no

provisions in the NCTE Act or Rules for remand of an appeal. In our opinion, such a power is an inherent power of the appellate authority. Hence

even if there is no specific provision enabling the appellate authority to remand the matter it has got an inherent power to do so. There is no

infirmity in the remand order. However, in the interests of justice, we direct the second respondent to decide the application of the appellant

preferably within one month of production of certified copy of this order before it. The writ appeal is disposed off. W.A.M.P. No. 2665 of 2005 is

closed.