Swaminarayan B.Ed. College vs National Council For Teacher Education ... on 7 October, 2021

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Delhi High Court - Orders

Swaminarayan B.Ed. College vs National Council For Teacher Education ... on 7 October, 2021

Bench: Prateek Jalan

                    $~39 (2021 Cause List)
                    *     IN THE HIGH COURT OF DELHI AT NEW DELHI
                    +            W.P.(C) 11511/2021

                                 SWAMINARAYAN B.ED. COLLEGE            ..... Petitioner
                                            Through: Mr. Mayank Manish and Mr. Ravi
                                                      Kant, Advocates

                                                            versus

                                 NATIONAL COUNCIL FOR
                                 TEACHER EDUCATION AND ANR              ..... Respondent
                                             Through: Ms. Kartika Sharma, Advocate

                    CORAM:
                    HON'BLE MR. JUSTICE PRATEEK JALAN

                                              ORDER

% 07.10.2021 The proceedings in the matter have been conducted through hybrid mode [physical and virtual hearing].

CM APPL. 35492/2021 (exemption) Exemption allowed, subject to all just exceptions. The application stands disposed of.

W.P.(C) 11511/2021 with CM APPL. 35493/2021 (for interim directions)

1. Issue notice. Ms. Kartika Sharma learned counsel, accepts notice on behalf of the respondents. The petition is taken up for disposal with the consent of the learned counsel for the parties.

2. The petitioner was granted recognition for its B.Ed degree by the Western Regional Committee ["WRC"] of the National Council for Signature Not Verified Digitally signed By:SHITU NAGPAL Signing Date:08.10.2021 10:58:23 W.P.(C) 11511/2021 Page 1 of 3 Teacher Education ["NCTE"] on 05.01.2007/02.03.2007. After notification of the NCTE [Recognition Norms and Procedure] Regulations, 2014, a revised recognition order was issued on 31.05.2015. The petitioner's recognition was, however, withdrawn by an order of the WRC dated 02.11.2017, against which the petitioner approached the Appellate Committee of the NCTE under Section 18 of the NCTE Act, 1993. The matter was remanded to the WRC by an order of the Appellate Committee dated 12.09.2018.

3. Upon remand, the WRC passed an order dated 04.03.2020 reiterating the order of withdrawal. The Appellate Committee, by an order dated 15.09.2020, affirmed the order of the WRC. However, this Court, by an order dated 15.04.2021 in W.P.(C) 7662/2020, set aside the order of the Appellate Committee, and remanded the matter to the Appellate Committee for reconsideration.

4. The Appellate Committee has, pursuant to the aforesaid order, decided the appeal on 10.09.2021, and remanded the matter to the WRC. The Appellate Committee further directed that the petitioner would be allowed to participate in the counselling process only when it satisfies the Regional Committee of having appointed requisite number of faculty as per the NCTE Regulations.

5. Mr. Mayank Manish, learned counsel for the petitioner, submits that the petitioner has made a representation to the WRC dated 16.09.2021, and placed on record the details of its faculty alongwith the necessary affidavits. He, therefore, submits that the WRC be directed to decide the question of compliance expeditiously to enable the petitioner to participate in the counselling for the academic session 2021-22.

Signature Not Verified Digitally signed By:SHITU NAGPAL Signing Date:08.10.2021 10:58:23 W.P.(C) 11511/2021 Page 2 of 3

6. Having regard to the aforesaid facts, the WRC is directed to comply with the order of the Appellate Committee dated 10.09.2021, within ten days from today. In the event the WRC is satisfied with the compliance demonstrated by the petitioner, the petitioner will be permitted to participate in counselling and admit students for the academic year 2021-2022, and the WRC will take all consequent steps in this regard.

7. In the event the WRC is unable to dispose of the matter within the aforesaid period for any reason, it is directed to issue an order of restoration of recognition to the petitioner to enable it to participate in counselling, and admit students for the academic year 2021-22. The order will have effect until and unless and a fresh order of withdrawal is passed by the WRC against the petitioner.

8. The writ petition is disposed of with these directions.

PRATEEK JALAN, J OCTOBER 7, 2021 'j'/ Signature Not Verified Digitally signed By:SHITU NAGPAL Signing Date:08.10.2021 10:58:23 W.P.(C) 11511/2021 Page 3 of 3

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Delhi High Court - Orders