Allahabad High Court
C/M Khajan Singh Girls Degree College ... vs State Of U.P. And Others on 2 August, 2010
Author: Dilip Gupta
Bench: Dilip Gupta
Court No. - 39 Case :- WRIT - C No. - 43704 of 2010 Petitioner :- C/M Khajan Singh Girls Degree College And Others Respondent :- State Of U.P. And Others Petitioner Counsel :- Aditya Kant Sharma,P.S. Baghel Respondent Counsel :- C.S.C.,R.A. Akhtar,Sanjay Kumar Singh Hon'ble Dilip Gupta,J.
This petition seeks the quashing of the decision taken by the Northern Regional Committee of the National Council for Teacher Education (hereinafter referred to as the 'NCTE') in its 162nd meeting held from 24th June to 27th June, 2010 by which the application filed by the petitioner-Institution for grant of recognition to B.Ed. Course was rejected on the ground that the deficiencies communicated to the Institution still existed.
It is pointed out by Sri P.S. Baghel, learned Senior Counsel for the petitioners, assisted by Sri Aditya Kant Sharma, learned counsel that the decision earlier taken by the Northern Regional Committee on 22nd June, 2009 was set aside by the Appellate Authority on 21st December, 2009 and the matter was remitted to the Northern Regional Committee for fresh decision. The Northern Regional Committee then issued a show cause notice dated 14th May, 2010 to the petitioners to which a detailed reply dated 31st May, 2010 was set submitted by the petitioner before the Northern Regional Committee along with documents but without taking into consideration the said reply and the documents, only a cryptic order has been passed by the Northern Regional Committee mentioning that the deficiencies still exist. It is the submission of learned Senior Counsel for the petitioners that all the deficiencies have been removed and the Northern Regional Committee committed an illegality in rejecting the application.
Learned Standing Counsel appearing for respondent no.1. Respondent No.2 is represented by Sri Sanjay Kumar Singh, while respondent No.3 is represented by Sri R.A. Akhtar.
It is the submission of Sri R.A. Akhtar, learned counsel appearing for respondent-NCTE that the petitioners can still challenge the decision taken by the Northern Regional Committee before the Appellate Authority under Section 18 of the National Counsel for Teacher Education Act, 1993 as they had done earlier. This submission of learned counsel for the respondent No.3 cannot be accepted for the simple reason that the decision taken by the Northern Regional Committee does not record any reason as to why the objections filed by the petitioners cannot be accepted.
In this view of the matter, the decision take by the Northern Regional Committee of the NCTE from 24th June to 27th June, 2010 is set aside. The Northern Regional Committee shall decide the application submitted by the petitioner-Institution for grant of recognition to the B.Ed. Course expeditiously, preferably within a month from the date a certified copy of this order is filed by the petitioners.
The writ petition is allowed to the extent indicated above.
Order Date :- 2.8.2010 SK