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Shahuraje College Of Education vs National Council For Teacher Education ... on 16 August, 2022

Author: Sanjeev Narula

Bench: Sanjeev Narula

                          $~12
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +      W.P.(C) 13844/2021
                                 SHAHURAJE COLLEGE OF EDUCATION                  ..... Petitioner
                                                  Through: Mr. Sanjay Sharawat, Mr. Divyank
                                                           Rana, Mr. Ashok Kumar and Mr.
                                                           Akash Sahraya, Advocates.

                                                   versus

                                 NATIONAL COUNCIL FOR TEACHER EDUCATION & ANR.
                                                                         ..... Respondents
                                             Through: Mr. Ashish Kumar, Advocate.

                                 CORAM:
                                 HON'BLE MR. JUSTICE SANJEEV NARULA
                                                   ORDER

% 16.08.2022

1. On 5th May, 2022, Respondents' right to file counter affidavit was closed. The Court has thus proceeded to decide the matter on the basis of record available.

2. The Petitioner has impugned the decision taken by Respondent No. 2

- Western Regional Committee ["WRC"] qua them, in its 321st meeting held from 9th to 11th November, 2020, whereby recognition for B.Ed. course has been withdrawn.

3. Mr. Sanjay Sharawat, counsel for the Petitioner, submits that withdrawal of recognition is invalid as WRC did not issue any prior show cause notice as required under Section 17 of the Act. Further, he submits that the withdrawal order was never served upon the Petitioner. Reliance is also placed on the SOP issued by NCTE, which contemplates issuance of Signature Not Verified Digitally Signed W.P.(C) 13844/2021 Page 1 of 2 By:SAPNA SETHI Signing Date:17.08.2022 19:54:10 two show cause notices. He also relies upon decision of this Court in Aireen Institution of Education v. National Council For Teacher Education.1

4. In absence of any counter affidavit to controvert above submissions on merits, the averments made by the Petitioner, supported by an affidavit, would have to accepted by this Court. Issuance of show cause notice is vital for the institute to respond to the allegations of shortcoming/ deficiencies. Non adherence to this procedure is clearly violative of principles of natural justice.

5. In light of the above, the Court is inclined to allow the present petition and accordingly, the decision taken by WRC qua Petitioner-institute in the 321st meeting held from 9th to 11th November, 2020, and the withdrawal order, is set aside. The WRC shall now issue an order of restoration of recognition and reflect the status of Petitioner-institute as a recognised institution for B.Ed. course and send a written communication in this regard to the affiliating university of Petitioner-institute and to the Department of Higher Education, Government of Maharashtra with instructions that the Petitioner-institute is entitled to take part in counselling and admit students for all academic sessions within a period of two weeks from today.

6. The Court has not delved into the merits of the case and views expressed herein are only for the purpose of deciding the present petition.

7. With the above directions the present petition is disposed of.

SANJEEV NARULA, J AUGUST 16, 2022/as 1 W.P.(C) 3069/2022 decided on 20th July, 2022.