Delhi High Court - Orders
Late Madhavrao Tidke Sharirik Shikshan ... vs National Council For Teacher Education ... on 21 December, 2021
Author: Prateek Jalan
Bench: Prateek Jalan
$~10 (2021 Cause List)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 10742/2019
LATE MADHAVRAO TIDKE SHARIRIK
SHIKSHAN MAHAVIDYALA ..... Petitioner
Through: Mr. Amitesh Kumar, Ms. Priti
Kumari, Advocates (9811034115).
versus
NATIONAL COUNCIL FOR TEACHER
EDUCATION & ANR. ..... Respondents
Through: Mr. Jai Sahai Endlaw, Mr. Ashish
Kumar, Advocates.
CORAM:
HON'BLE MR. JUSTICE PRATEEK JALAN
ORDER
% 21.12.2021 The proceedings in the matter have been conducted through hybrid mode [physical and virtual hearing].
CM APPL. 44536/2021 (Direction) & W.P.(C) 10742/2019
1. The present writ petition is directed against an order dated 05.09.2017, by which the Western Regional Committee ["WRC"] of the National Council for Teacher Education ["NCTE"] has withdrawn the recognition granted to the petitioner for the B.P.Ed course, as well as an order dated 05.10.2018, by which the Appellate Committee of the NCTE has affirmed the aforesaid order of the WRC. Notice was issued in the writ petition on 01.10.2019, and the respondents were given an Signature Not Verified Digitally signed W.P.(C) 10742/2019 Page 1 of 3 By:HARMINDER KAUR Signing Date:22.12.2021 11:52:58 opportunity to file their counter affidavit. The counter affidavit has since been filed, but the petition could not be taken up for hearing in view of the restricted functioning of the Court due to the COVID-19 pandemic.
2. In the meanwhile, the petitioner has filed CM APPL. 44536/2021 for directions.The relief sought in the application is ultimately in the nature of disposal of the writ petition itself. With the consent of learned counsel for the parties, the petition is therefore taken up for disposal.
3. The short point urged by Mr. Amitesh Kumar, learned counsel for the petitioner, is that the order of withdrawal has been passed by the WRC without issuing two show cause notices to the petitioner, as required by the Standard Operating Procedure ["SOP"] of the NCTE. Mr. Kumar relies upon various orders of this Court including order dated 17.12.2020 in W.P.(C) 10518/2020 [Dr. D.S. Aher College Of Education Vs. National Council For Teacher Education & Anr .] and order dated 16.07.2021 in W.P.(C) 6637/2021 [Surju Singh Memorial College Of Education Vs. National Council For Teacher Education & Anr.].
4. The aforesaid position is not controverted by learned counsel for the respondents.
5. In the aforesaid circumstances, the impugned orders dated 05.09.2017 and 05.10.2018 are set aside, and the proceedings are remanded to the WRC for issuance of a second show cause notice, if necessary. The WRC will thereafter take a fresh decision in accordance with law, and communicate the same to the petitioner.
6. As the impugned orders of withdrawal are being set aside, the WRC is directed to issue an order of restoration of recognition in favour petitioner within one week from today and also to update its website to Signature Not Verified Digitally signed W.P.(C) 10742/2019 Page 2 of 3 By:HARMINDER KAUR Signing Date:22.12.2021 11:52:58 reflect the status of the petitioner as a recognised institution. The respondents will also communicate the same to the petitioner's affiliating University, as well as to the concerned State Government.
7. The writ petition, alongwith the pending application, is disposed of with these directions.
8. The next date of hearing i.e. 10.01.2022 is cancelled.
PRATEEK JALAN, J DECEMBER 21, 2021 'Bp/pv'/ Signature Not Verified Digitally signed W.P.(C) 10742/2019 Page 3 of 3 By:HARMINDER KAUR Signing Date:22.12.2021 11:52:58