Delhi High Court - Orders
Asha Devi Mahavidyalaya & Anr vs National Council For Teacher Education ... on 3 December, 2020
Author: Jayant Nath
Bench: Jayant Nath
$~55
* IN THE HIGH COURT OF DELHI AT NEWDELHI
+ W.P.(C) 9744/2020
ASHA DEVI MAHAVIDYALAYA & ANR. .....Petitioners
Through: Mr.Amitesh Kumar, Ms.Binisa
Mohanty and Ms.Priti Kumari, Advs.
versus
NATIONAL COUNCIL FOR TEACHER
EDUCATION AND ANR. .....Respondents
Through: Mr.Jaideep Khanna, Adv. for NCTE.
CORAM:
HON'BLE MR. JUSTICE JAYANT NATH
ORDER
% 03.12.2020 CM APPL. Nos.31110-11/2020 Allowed subject to just exceptions.
W.P.(C) 9744/2020
1. Issue notice to the respondents.
2. Mr.Jaideep Khanna, Advocate accepts notice on behalf of the respondents.
3. The limited grievance of the petitioners is that even though it was brought to the notice of the Northern Regional Committee (NRC) and also Appellate Committee of the NCTE during the pendency of the appeal that they had obtained NOC from the affiliating body qua the B.Ed. course, on 29.02.2016, this fact was not considered by both NRC & Appellate Committee of NCTE. It is submitted on behalf of petitioners that though the document/NOC available in this behalf was placed before both NRC and Appellate Committee, but the same was not considered.
4. For this purpose, learned counsel for the petitioners has drawn my attention to the impugned orders dated 14.07.2016, passed by NRC and 13.02.2018 passed by Appellate Committee. Vide order dated 13.02.2018, the Appellate Committee has sustained the order of the NRC dated 14.07.2016.
5. The NRC vide its order dated 14.07.2016 refused to give permission for B.Ed. Programme with an observation that in the absence of submission of NOC issued by affiliating body, the application is rejected.
6. Mr.Amitesh Kumar, Advocate who appears on behalf of the petitioners, says that this court has, time and again, ruled that the additional material, if presented during the pendency of application before the Regional Committee or in the course of hearing of the appeal, it will have to be considered by the Regional Committee/Appellate Committee, while rendering a final decision in the matter.
7. Learned counsel for the petitioners seeks to rely upon a catena of judgments beginning with the judgment dated 23.02.2017 passed in W.P.(C)No.3231/2016, titled 'Rambha College of Education v. National Council for Teacher Education & Anr.'. The judgment in 'Rambha College of Education' was carried in appeal by the NCTE right uptil the Supreme Court. The Supreme Court vide order dated 25.01.2018, passed in SLP(C)No.3451/2018, titled 'National Council for Teacher Education & Anr. v. Rambha College of Education' dismissed the same.
8. In support of his plea, as noticed above, learned counsel for the petitioners has cited the following judgments as well:
(i) Judgment dated 9.8.2017, passed in LPA 535/2017, tilted National Council for Teacher Education & Anr. v. Rambha College of Education.
(ii) Judgment dated 5.9.2017, passed in W.P.(C) 10290/2016, tilted Ganpati College of Higher Education v. National Council for Teacher Education &Anr.
(iii) Judgment dated 20.9.2017, passed in W.P.(C) 1594/2017, tilted The Kavery College of Education v. National Council for Teacher Education &Anr.
(iv) Judgment dated 20.12.2017, passed in W.P.(C) 6447/2017, tilted Tathagat Teacher Training College v. National Council for Teacher Education &Anr.
(v) Judgment dated 31.1.2018, passed in W.P.(C) 2152/2017, tilted VedmatiBhabnath Chaudhary College of Education v. National Council for Teacher Education &Anr.
(vi) Judgment dated 9.2.2018, passed in W.P.(C) 493/2018, tilted Kabiguru College of Education v. National Council for Teacher Education &Anr.
(vii) Judgment dated 12.2.2018, passed in W.P.(C) 638/2018, tilted Educational Culture Society (Regd.) v. National Council for Teacher Education &Anr.
(viii) Judgment dated 21.2.2018, passed in W.P.(C) 10446/2017, tilted Shri Pramod Ji MahilaMahavidyalaya v. National Council for Teacher Education &Anr.
(ix) Judgment dated 23.2.2018, passed in W.P.(C) 1733/2018, tilted Jai Mata DulhamiTribhuwanMahavidyalaya v. National Council for Teacher Education &Anr.
(x) Judgment dated 9.3.2018, passed in W.P.(C) 2170/2018, tilted K.D. College of Education v. National Council for Teacher Education & Anr.
(xi) Judgment dated 27.4.2018, passed in W.P.(C) 4365/2018, tilted H.L. Girls Degree College v. National Council for Teacher Education & Anr.
(xii) Judgment dated 3.4.2019, passed in W.P.(C) 10356/2016, tilted Shri Umiya Kanya Mahavidyalaya& Anr. v. National Council for Teacher Education &Anr.
(xiii) Judgment dated 20.12.2019, passed in W.P.(C) 13542/2019, titled ABC College of Education & Anr. Vs. National Council for Teacher Education & Anr.
9. Learned counsel for the respondents has strongly opposed the present petition saying that apart from other, this petition is barred by delay and laches.
10. Learned counsel for the petitioners states that in these facts, large number of similar judgments have been passed by the Coordinate Bench of this court as stated above. He states that on account of lockdown, there was some delay on the part of the petitioners in approaching this court.
11. In the interest of justice and keeping into account the legal position as stated in various judgments as noted above, the present petition is allowed subject to the petitioners depositing a cost of Rs. 20,000/- with the Delhi High Court Advocates' Welfare Fund within two weeks from today. An affidavit shall be filed in court with a copy to the other side showing payment of the cost.
12. The matter is remanded to the NRC. The NRC will take into account the subsequent development, in particular, the document/NOC marked as Annexure P-11 and appended at page 120 of the paperbook.
13. Accordingly, the writ petition is disposed of in the aforesaid terms.
JAYANT NATH, J.
DECEMBER 03, 2030/dr/rb