D.A.V.Educational Trustrep. by its Chairman and Managing TrusteeThiru S.Varadarajan v. The Regional Director National Council for Teacher Education Southern Regional Committee

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 29.9.2009CORAM: THE HONOURABLE MR.JUSTICE P.JYOTHIMANIW.P.No.14501 of 2009D.A.V.Educational Trustrep. by its Chairman and Managing TrusteeThiru S.Varadarajan, AdambakkamChennai – 600 088.. Petitioner Vs.1. The Regional Director National Council for Teacher Education Southern Regional Committee 1st Floor, C.S.D. Building H.M.T.Post, Bangalore – 560 031.2. The Secretary to Government Higher Education Department Government of Tamil Nadu Fort St.George, Chennai – 600 009... RespondentsPRAYER: Petition under Article 226 of the Constitution ofIndia for issue of a writ of Certiorari to call for therecords pertaining to the impugned order of the firstrespondent in No.F.SRO/NCTE/2009-2010/14360, dated 2.7.2009and quash the same.For Petitioner:Mr.N.R.Chandran, Sr.Counselfor Mr.R.KannanFor Respondents:Mr.K.Ramakrishna Reddyfor 1st respondent Mrs.Dhakshayani ReddyGovernment Advocatefor 2nd respondent ORDERThe writ petition is directed against the order of thefirst respondent dated 2.7.2009, by which the firstrespondent has withdrawn the recognition granted to ChristCollege of Education, Nandimedu Road, Santha Vellore,Sungurvarchatram, Sriperumudur Taluk, Kancheepuram District– 602 108 to run B.Ed. course from the academic session2009-2010, however directing that the ongoing batch of https://hcservices.ecourts.gov.in/hcservices/ students be permitted to complete their course and that the saidinstitution should not make any admissions subsequent to thewithdrawal order.2.1. The first respondent has granted permission to the ChristEducational Trust to run the college named Christ College ofEducation to conduct B.Ed. course from the academic session 2004-2005with annual intake of 100 students, after satisfying with thepresence of infrastructure. It is stated that the Christ College ofEducation is located at Nandimedu Road, Santha Vellore,Sungurvarchatram, Sriperumudur Taluk, Kancheepuram District – 602108. The Government of Tamil Nadu, while granting No Objection videG.O.Ms.No.54, Higher Education Department, dated 18.2.2005 has alsomade it clear that the college is situated at Nandimedu Road, SanthaVellore, Sungurvarchatram, Sriperumudur Taluk, Kancheepuram Districtand the University has ultimately granted affiliation, which wasrenewed from time to time.2.2. It is the case of the petitioner that Christ EducationalTrust was originally having three trustees with Founder –E.Chakravarthy, Dr.P.S.Chandra Kumar and Mrs.C.Nalini. Thereafter,the trustees co-opted the DAV Educational Trust and the Chairman andManaging Trustee – S.Varadarajan, V.Rajendran and Mrs.J.Geetha. Itis stated that after induction of the three trustees the previousfounder of Christ Educational Trust – E.Chakravarthy and Mrs.C.Naliniretired and the other trustee – Dr.P.S.Chandra Kumar ceased to be atrustee by lapse of time. It is stated that a subsequent deed ofdeclaration has been entered on 14.7.2007 and registered and thereare only three trustees now, namely S.Varadarajan, V.Rajendran andMrs.J.Geetha.2.3. It is stated that on 2.7.2008, the trustees have taken adecision to change the name of the trust from Christ EducationalTrust as DAV Educational Trust and also the address of the trust asPlot No.5, Mohanapuri, Adambakkam, Chennai – 600 088 instead of 2/74,Nehru Street, Kumaran Nagar, Padi, Chennai – 600 050. But, thecollege is run only in the same place, namely Nandimedu Road, SanthaVellore, Sungurvarchatram, Sriperumudur Taluk, Kancheepuram District– 602 108 and was not shifted to any place. Therefore, the changewas only in respect of the trust, not the location of the college.The same was intimated to the first respondent on 31.10.2008, sinceno permission is necessary for change of name of the trust. 2.4. However, the first respondent has issued a show causenotice on 22.4.2009 under Section 17 of the National Council forTeacher Education Act, 1993 (for brevity, "the Act") relating to thechange of trust. A reply was given on 14.5.2009 informing that itwas only a change of trust and not transfer of location of college orproperty. Thereafter, without giving any personal hearing, theimpugned order came to be passed withdrawing the recognition on the https://hcservices.ecourts.gov.in/hcservices/ assumption that the institution has been shifted to another buildingwithout permission from NCTE, that the name has been changed, andthat the institution has been sold out.3. The impugned order has been challenged on various groundsthat the same is against the principles of natural justice, thatwhen Section 17 of the Act is invoked it can be only for violation ofany of the provisions of the Act or the Rules or Regulations or anyconditions of approval, that Rule 8 of the Rules contemplates theprocedure for inspection which is mandatory before invoking Section17 of the Act and it has not been followed, that even as per theproviso to Section 17 of the Act a reasonable opportunity ought tohave been given and in the absence of such opportunity the orderbecome invalid, that the order is wrong on the basis that it proceedson a wrong premise as if the college location is shifted to someother place, and that it is only the office of the trust which hasbeen shifted to some other place and there is a change in the trustname and that the change of trust name will not alter the characterof the trust.4.1. In the counter affidavit filed by the first respondent, itis stated that by order dated 7.9.2004 the first respondent grantedrecognition to the Christ Educational Trust located at 2/74, NehruStreet, Kumaran Nagar, Padi, Chennai – 600 050. The address forcommunication was given as No.18, Sastri Nagar, Muduchur Road,Chennai – 600 048. The land documents relating to 99 years lease wasin respect of the Christ Educational Trust and the lands are locatedat Santhavellore Village, Sriperumbudur, Kancheepuram District to anextent of 5.08 Acres. The lease deed is dated 9.6.2003. 4.2. At the time when the original permission was granted therewas no construction put up and therefore, the Christ EducationalTrust requested to run the institution temporarily at 2/74, NehruStreet, Kumaran Nagar, Padi, Chennai – 600 050 and recognition wasgranted. Thereafter, the superstructure appears to have been put upand the Christ Educational Trust has chosen to get affiliation to thenew address at Nandimedu Road, Santha Vellore, Sungurvarchatram,Sriperumudur Taluk, Kancheepuram District – 602 108, which fact wasnot informed to the first respondent at all. The affiliation fromthe State Government has been obtained contrary to the recognitionorder of the first respondent. 4.3. As per the amended Regulation 8(11) of Regulations, 2007which came into effect from 10.12.2007, the norms applicable forshifting the premises will apply for change of management/society/trust, etc also. There was a change of constitution of thetrust on 14.2.2007 and the decision was taken on 2.7.2008. The nameof the trust was changed from Christ Educational Trust to DAVEducational Trust and the address was also changed to Plot No.5,Mohanapuri, Adambakkam, Chennai – 600 088 instead of 2/74, Nehru https://hcservices.ecourts.gov.in/hcservices/ Street, Kumaran Nagar, Padi, Chennai – 600 050. The name of thecollege has also been changed on 2.7.2008 from Christ College ofEducation to that of DAV College of Education. 4.4. The original permission granted to run the college was at2/74, Nehru Street, Kumaran Nagar, Padi, Chennai – 600 050 and eventhough the petitioner has put up construction at Nandimedu Road,Santha Vellore, Sungurvarchatram, Sriperumudur Taluk, KancheepuramDistrict – 602 108 and obtained affiliation from the StateGovernment, the same has been without the knowledge of the firstrespondent, who is the authority under the Act to grant permission. 4.5. The institution which has admitted students in thetemporary address for which approval was granted at 2/74, NehruStreet, Kumaran Nagar, Padi, Chennai – 600 050 has shifted toNandimedu Road, Santha Vellore, Sungurvarchatram, Sriperumudur Taluk,Kancheepuram District – 602 108 without the approval from the firstrespondent. Therefore, it is in violation of the Act and theRegulations and a notice was issued under Section 17 of the Act.Since the petitioner has admitted the action, the recognition waswithdrawn under the impugned order dated 2.7.2009 and there is noillegality. 4.6. It is also stated that it is the petitioner who hasviolated the mandatory requirement of Regulation 8, which prohibitschange of management/society/trust, etc. without prior approval ofthe first respondent. Section 17 of the Act contemplates surpriseinspection for which advance notice is not necessary. There is noopportunity necessary since the petitioner has admitted shifting ofinstitution without prior approval from the first respondent. Thereis a FD standing in the joint names of both the institution and thefirst respondent and the website is in the name of the originalinstitution and the change has been effected without following themandatory provisions and therefore, the impugned order came to bepassed. It is also stated that by induction of three new trusteesand exit of three trustees, the management itself has changed and thenew trustees have virtually purchased the original college.5.1. Mr.N.R.Chandran, learned senior counsel appearing for thepetitioner would submit that even though temporary permission wasgiven for Christ College of Education to run the college at 2/74,Nehru Street, Kumaran Nagar, Padi, Chennai – 600 050, the permissionwas given to run the institution at Nandimedu Road, Santha Vellore,Sungurvarchatram, Sriperumudur Taluk, Kancheepuram District – 602 108after putting up the construction. Therefore, when once theconstruction has been put up at Nandimedu Road, Santha Vellore,Sungurvarchatram, Sriperumudur Taluk, Kancheepuram District – 602108, there is no necessity to get fresh approval. https://hcservices.ecourts.gov.in/hcservices/

5.2. As far as the inclusion and exclusion of the trustees isconcerned, it is his submission that inasmuch as the character of thetrust is not changed, it is not for the first respondent to questionthe same. It is his submission that the College is run only atNandimedu Road, Santha Vellore, Sungurvarchatram, Sriperumudur Taluk,Kancheepuram District – 602 108 and it is not changed to any otherplace and therefore, the question of prior approval does not arise.It is his case that the institution is an existing institution andtherefore, the original Regulations of the year 2002 alone will beapplicable.6. On the other hand, by relying upon the amended Regulations,2007 which has come into effect on 10.12.2007, Mr.K.RamakrishnaReddy, learned counsel for the first respondent would submit that asper Regulation 8(11) prior approval is necessary not only forshifting the premises but also for change ofmanagement/society/trust, etc. and the same has not been done andtherefore, notice was issued. It is his case that when once thepetitioner has accepted, there is no question of any furtheropportunity and therefore, impugned order passed is well within thepowers of the first respondent.7. A reference to the original grant of recognition by the firstrespondent dated 7.9.2004 shows that the recognition has been grantedin terms of Section 14(1) of the Act to Christ College of Educationat 2/74, Nehru Street, Kumaran Nagar, Padi, Chennai – 600 050 to runB.Ed. course of one year duration for academic session 2004-2005 withannual intake of 100 students. One of the conditions as contemplatedunder the original recognition in Clause 3(b) is "the institutionshall shift to its own premises within three years from the date ofrecognition (in case the course is started in temporary premises)".It is also one of the conditions of recognition in Clause 6 that "ifthe institution contravenes any of the above conditions or any of theprovisions of the NCTE Act, Rules, Regulations and Orders made orissued thereunder, the Southern Regional Committee may withdraw therecognition under the provisions of Section 17(1) of the NCTE Act,1993".8. It is admitted case, as stated by the first respondent in thecounter affidavit, that the permission to run the institution at2/74, Nehru Street, Kumaran Nagar, Padi, Chennai – 600 050 wasgranted temporarily since the construction is to be put up in a newplace, which is stated to be at Nandimedu Road, Santha Vellore,Sungurvarchatram, Sriperumudur Taluk, Kancheepuram District – 602 108.9. The Regulations which were in existence at that time, namelyRegulations, 2002, Appendix-5, Clause 7 which speaks about theinfrastructural facilities, Sub-Clause (d) states as follows:"7. Infrastructural Facilities:a) to c) **** https://hcservices.ecourts.gov.in/hcservices/ d) To provide these facilities, theManagement/Institutions shall, at the time of makingapplication, have in its possession adequate land/landand building on ownership basis free from allencumbrances. Govt. land acquired on long-term lease asper the law of the concerned State / UT will also beconsidered valid for the purpose. Pending constructionof permanent building in the above land, the institutionmay provide these facilities in suitable temporarypremises up to a maximum period of 3 years, beforeexpiry of which the institution should shift to itspermanent building."10. Therefore, at that time, there was no condition that theChrist Educational Trust which was granted permission to run theCollege temporarily at 2/74, Nehru Street, Kumaran Nagar, Padi,Chennai – 600 050 while shifting it to its own place at NandimeduRoad, Santha Vellore, Sungurvarchatram, Sriperumudur Taluk,Kancheepuram District – 602 108 within three years should get furtherpermission for such shifting. In the absence of such provision inthe Regulation in existence at that time and also any such conditionstipulated in the original recognition granted on 7.9.2004 and whenit is not the case of the respondents that in the shifted own placethere are no adequate infrastructure facilities, it cannot be saidthat for the purpose of shifting to its own place, namely NandimeduRoad, Santha Vellore, Sungurvarchatram, Sriperumudur Taluk,Kancheepuram District – 602 108, the Christ Educational trust shouldhave obtained prior permission from the first respondent. As per theterms of the recognition dated 7.9.2004 and the Regulations, 2002, itis clear that such specific permission for shifting to its own placeis not required. Therefore, the case of Christ Educational Trustthat within three years from the date of original grant, namely from7.9.2004 it has shifted its place and conducting the College atNandimedu Road, Santha Vellore, Sungurvarchatram, Sriperumudur Taluk,Kancheepuram District – 602 108 cannot be said to be against theRegulations.11. In such view of the matter, the running of the institutionat Nandimedu Road, Santha Vellore, Sungurvarchatram, SriperumudurTaluk, Kancheepuram District – 602 108 by Christ Educational Trustcannot be said to be against the Regulations and even in the presentcontext, the petitioner does not want to shift the place of runningof the College from Nandimedu Road, Santha Vellore,Sungurvarchatram, Sriperumudur Taluk, Kancheepuram District – 602 108to any other place.12. It is the case of the petitioner that the Christ College ofEducation, which was governed by the Christ Educational Trust,originally having three trustees E.Chakravarthy, Dr.P.S.ChandraKumar and Mrs.C.Nalini have inducted three new trustees https://hcservices.ecourts.gov.in/hcservices/ S.Varadarajan, V.Rajendran and Mrs.J.Geetha and after the inductionthe original three trustees have exited, but the original trustcontinues with its objects. However, the fact remains that by changeof trustees, the object of the trust may remain as it is but thecharacter of the trust has changed by the change of name, viz., fromChrist Educational Trust to that of DAV Educational Trust.13. It is admitted that a deed of declaration has been enteredon 14.7.2007 and by the said deed of declaration, the changeseffected in the constitution of the trust have been recorded andthereafter on 2.7.2008, the new Board consisting of all the threenewly inducted trustees have decided to change the name of the trustfrom that of Christ Educational Trust to DAV Educational Trust andalso changed the address from 2/74, Nehru Street, Kumaran Nagar,Padi, Chennai – 600 050 to Plot No.5, Mohanapuri, Adambakkam, Chennai– 600 088 . It is also admitted that on 2.7.2008 new Board oftrustees have taken a decision to change the name of the collegefrom Christ College of Education to DAV College of Education. 14. The new Regulations and Norms and Standards have beenintroduced by the first respondent as per the terms of the Act, by anamendment which has come into effect from 10.12.2007. It is not indispute that under the Regulations, 2002 there was no provision forsuch contingencies like change of name of the trust as well as thechange of name of institution, etc. and therefore, technicallyspeaking, when the deed of declaration was entered on 14.7.2007, bywhich all the old three trustees have gone out and the new trusteeshave stepped in, thereby making a change in the constitution of thetrust, it does not require apparently any approval from the firstrespondent as per the Regulations, 2002. But, the fact remains thatthe present Board of Trustees have taken a decision on 2.7.2008 tochange the name of the trust from Christ Educational Trust to that ofDAV Educational Trust and also change of place of office to PlotNo.5, Mohanapuri, Adambakkam, Chennai – 600 088, even though there isno change in the place of running of the College, namely at NandimeduRoad, Santha Vellore, Sungurvarchatram, Sriperumudur Taluk,Kancheepuram District – 602 108.15. As per the amended Regulations which have come into effectfrom 10.12.2007, Regulation 8(11), which is as follows, contemplatesa prior approval in case of change of premises from the RegionalCommittee and such prior approval is required for change ofmanagement/society/ trust, etc."8. Conditions for grant of recognition:(1) to (10) ****(11) In case of change of premises, prior approval, ofthe Regional Committee concerned shall be necessary,which could be accorded after due inspection of theinstitution at the new site. The change can be https://hcservices.ecourts.gov.in/hcservices/ permitted to a site which, if applied initially, couldhave qualified for establishment of an institution asper prescribed norms of NCTE. The change shall bedisplayed on website thereafter. The application forchange of premises shall be accompanied by a demanddraft of Rs.40,000/- of a Nationalized Bank drawn infavour of the Member Secretary, NCTE and payable at thecity where the Regional Committee is located. Similarprocedure would be applicable in case of change ofmanagement/society/trust etc. excluding change ofManagement Committee as per registered by-laws of themanagement/society/trust."16. By virtue of the decision taken by the new trustees on2.7.2008, by which time the amended Regulations,2007 have alreadycome into effect, there is certainly a change in the management ofthe trust and change in the name of the trust, apart from change ofthe name of the college and change of address, which on a reading ofRegulation 8(11) of Regulations, 2007 requires prior approval fromthe Regional Committee of the NCTE.17. The contention in this regard by the learned Senior Counselfor the petitioner that by change of the name of the trust as well asthe institution, there is no change of premises where the college isrun and therefore, it does not require prior approval as per theamended Regulations, 2007 has no meaning. The change effected on2.7.2008 is not merely a change of management committee, it is achange of management itself, which includes the change of name of thetrust, change of name of the college and change of the address of theregistered office, which can be significantly included on the basisof the principle of ejusdem generis to the word "etc" which findsplace in Regulation 8(11) of Regulations, 2007. What is excluded asper the said Regulation is the change of management committee as perregistered by-laws. But, in the present case, it is not by virtue ofby-laws there has been change of trustees either by election orotherwise, and in such circumstances, certainly it requires priorapproval as per the amended Regulations, 2007 which have come intoeffect from 10.12.2007 and such approval has not been obtained by thepetitioner from the first respondent.18. In fact, in the representation dated 31.10.2008, thepetitioner has categorically admitted that there has been a change inthe constitution of Christ Educational Trust with the new trusteeschanging the name of the trust from Christ Educational Trust to DAVEducational Trust and also changing the registered office. In thesaid letter the petitioner has sought permission to have the namechanged. However, the change has been already effected by the timewhen the said representation was made by the petitioner andtherefore, the complaint of the first respondent is prior approvalhas not been obtained as per the existing Regulations, 2007. https://hcservices.ecourts.gov.in/hcservices/

19. As stated above, as per the show cause notice dated22.4.2009 issued by the first respondent, the first respondent hasadmitted that the Christ Educational trust has been permitted to haveits College conducted at Nandimedu Road, Santha Vellore,Sungurvarchatram, Sriperumudur Taluk, Kancheepuram District – 602 108and admittedly, the petitioner has not attempted to change the placeof running of the College from that place, but the trust and theconstitution has changed. 20. In the show cause notice dated 22.4.2009, while admittingthat permission was granted to run the college at Nandimedu Road,Santha Vellore, Sungurvarchatram, Sriperumudur Taluk, KancheepuramDistrict – 602 108, it proceeds on the basis that from the temporarypremises at 2/74, Nehru Street, Kumaran Nagar, Padi, Chennai – 600050, the college has been shifted to Nandimedu Road, SanthaVellore, Sungurvarchatram, Sriperumudur Taluk, Kancheepuram District– 602 108 without approval and as rightly submitted by the learnedsenior counsel for the petitioner, the show cause notice itself whichhas been issued under Section 17 of the Act proceeded on a wrongpremise.21. If the show cause notice issued was in respect of the changeof constitution of the trust, change of name of the trust, changeof the name of the college, change of address of the registeredoffice of the trust without prior approval, there is some meaningbased on the amendment which has come into effect from 10.12.2007.But, strangely, the first respondent in the show cause notice dated22.4.2009, having admitted in one paragraph that permission wasgranted to Christ Educational Trust to run the college at NandimeduRoad, Santha Vellore, Sungurvarchatram, Sriperumudur Taluk,Kancheepuram District – 602 108, which is as follows:"Whereas recognition has been granted by SRC, NCTE toChrist Educational Trust, No.2/74, Nehru Street, KumaranNagar, Padi, Chennai – 600050, Tamilnadu for offeringChrist College of Education, Nandimedu Road, SanthaVellore, Sungurvarchatram, Sriperumudur Taluk,Kancheepuram District, Pin – 602 108, Tamil Nadu forB.Ed course vide order No.F.TN/SEC/28/SRO/NCTE/2004-05/6986 dated 7.9.2004 with an intake of 100 students.",has chosen to take a totally contrary stand in the next paragraph asif the shifting has been made to Nandimedu Road, Santha Vellore,Sungurvarchatram, Sriperumudur Taluk, Kancheepuram District – 602 108without prior approval, which is a total misnomer and confusioncreated by the first respondent in the very show cause notice dated22.4.2009.21. It is very strange that the first respondent, having knownabout the change of the name of the trust, change of name of thecollege, etc., has not chosen to raise that issue under the show https://hcservices.ecourts.gov.in/hcservices/ cause notice as per the amended Regulations, 2007, but proceeded ontotal misnomer and that was replied by the petitioner and thereafter,the impugned order came to be passed, by which the recognitiongranted to the Christ College of Education has been withdrawn. It isalso strange that in the impugned order passed by the firstrespondent, the first respondent raised a totally new issue about thechange of the name of the trust as DAV Educational Trust from ChristEducational Trust and also change of the registered office, etc.,which was not raised in the show cause notice issued by the firstrespondent.22. Naturally, as submitted by the learned senior counsel forthe petitioner, if action was taken under Section 17 of the Act asper its proviso, the show cause notice should have given propergrounds for which the first respondent was seeking to take action.In the absence of giving such grounds in the show cause notice, itcannot be expected that the petitioner would have given a reply for adifferent issue which was not the subject matter in the show causenotice. In the absence of such issue regarding the change of trustraised in the show cause notice dated 22.4.2009, the final impugnedorder passed withdrawing recognition on a different ground of changeof name of trust, about which an opportunity was not given to thepetitioner, cannot be sustained in law.23. Due to the above said reasons, I am of the considered viewthat the impugned order suffers from the vice of violation of theprinciples of natural justice which is inherent in any statute evenwhen such principle has not been explicitly stated. In such view ofthe matter, even though an appeal is provided against the impugnedorder, I am of the considered opinion that inasmuch as there is aviolation of the principles of natural justice in passing theimpugned order, there is no necessity to drive the petitioner to theappellate authority. In these circumstances, the impugned order ofthe first respondent dated 2.7.2009 stands set aside, however withliberty to the first respondent to issue fresh show cause notice asper the provisions of Section 17 of the Act relating to the issueraised in the impugned order, if so advised, and pass appropriateorders after giving sufficient opportunity to the petitioner.This writ petition stands allowed. No costs. Consequently,M.P.No.1 of 2009 is closed.sasiSd/-Asst. Registrar/ true copy /Sub Asst. Registrar https://hcservices.ecourts.gov.in/hcservices/ To:1. The Regional Director National Council for Teacher Education Southern Regional Committee 1st Floor, C.S.D. Building H.M.T.Post, Bangalore – 560 031.2. The Secretary to Government Higher Education Department Government of Tamil Nadu Fort St.George, Chennai – 600 009.1CC to Mr.Kannan, Advocate (SR.No.49276)1CC to Mr.K.Ramakrishna Reddy (SR.No.49343)W.P.No.14501 of 2009RJ (CO)SS (12.10.2009)