The main contention of the learned counsel for the petitioner is that the petitioner institute should have been given a notice, under section 14(3)(b) of the National Counsel for Teacher Education Act, 1993, before the final order had been passed by the second respondent, after the re-inspection had been conducted, on 30.07.2008, based on the order passed by the first respondent, dated 19.06.2008. It has been further submitted that the inspection had been conducted on 30.07.2008 and thereafter, the impugned order, dated 28.08.2008, had been passed by the 2nd respondent without giving any notice or opportunity to the petitioner, as contemplated under law.
2. The learned counsel appearing on behalf of the respondents had submitted that the impugned order of the second respondent, dated 28.08.2008, had been passed based on the inspection report, dated 30.07.2008. However, no opportunity had been given to the petitioner institute before the said order had been passed by the second respondent.
3. In view of the submissions made by the learned counsels appearing for the parties concerned, the impuged order, dated 28.08.2008, is set aside and the matter is remanded back to the second respondent to pass orders, afresh, after giving an opportunity to the petiioner institute, based on the inspection, dated 30.07.2008.
4. The learned counsel for the respondent had also submitted that final orders would be passed by the second respondent, within 90 days from the date of receipt of the copy of this order, after giving sufficient opportunity to the petitioner, as prayed for in the present writ petition.
5. In view of the submissions made by the learned counsel appearing on behalf of the respondents, this court is of the view that no further orders are necessary in this writ petition. Hence this writ petition stands closed.
arr To The Member Secretary National Council for Teacher Educationa Hans Bhavan, Wing II 1, Bahadursha Zafar Marg (Near ITO) New Delhi 110 002.
The Regional Director National Council for Teacher Education Southern Regional committee I Floor, CSD Building HMT Post, Jalahalli Bangalore 560 031