Madhya Pradesh High Court
Gyan Mandir Shiksha Avam Samaj Seva ... vs National Council For Teacher Education ... on 16 November, 2016
1 WP 6398/2016
Gyan Mandir Shiksha Avam Samaj Seva Samiti
Vs.
National Council For Teacher Edu.
16/11/16
Shri Pawan Dwivedi, Advocate for the petitioner.
Shri R.P. Singh, Advocate for the respondents.
The present petition assails a show-cause notice dated 8/8/2016 contained in Annexure-P/6 issued by the Western Regional Committee of National Council for Teacher Education (for brevity 'WRC for NCTE'), issued under Sections 17(1) of the NCTE Act, 1993 asking the petitioner/institution to show cause on the issue of compliance of the requirements of NCTE (Recognition, Norms and Procedure), Regulations 2009, notified on 1/12/2014.
Learned counsel for the rival parties are heard. It is seen from the record that in response to the above said impugned notice, reply dated 29/8/2016, Annexure-P/7 has been submitted by the petitioner which according to the rival parties is yet to be taken into account by the WRC for NCTE. Thus, it is not disputed that WCR for NCTE has not taken a decision in the matter.
This court initially proposes to dispose of the matter by directing the WCR for NCTE to take a decision but the learned counsel for the petitioner submits by drawing attention of this court to the Division Bench decision dated 23/2/2016 of Madras High Court in the matter of Tamil Nadu Self-Financing College of Education Management Association Vs. National Council of Teacher Education & others filed herewith as Annexure-P/2 with the petition that protection extended to the petitioner- institution therein is liable to be extended to petitioner herein.
A perusal of the Division Bench decision of Madras High 2 WP 6398/2016 Gyan Mandir Shiksha Avam Samaj Seva Samiti Vs. National Council For Teacher Edu.
court dated 23/2/2016 in various WPs., including WP No. 999/2015, reveals that the Division Bench was dealing with the challenge to the validity of Clauses 8(1), 8(11), 10, 11 of the NCTE (Recognition, Norms and Procedure), Regulations, 2014. Madras High Court declined to deal with the challenge in regard to the validity of the said Clauses of the Regulations, 2014 primarily due to the submission of the learned counsel for NCTE appeared therein that an Expert Committee has been constituted by the Ministry of Human Resources Department of Govt. of India to look into the troubled area of the said Regulations, 2014. However, Madras High court while permitting the NCTE to undertake and conclude the exercise of reviewing the troubled areas, restrained the respondents-NCTE from taking any coercive steps to implement the rigors of the provisions under review till decision is taken by the Expert Committee.
Learned counsel for the respondents-NCTE does not dispute the said fact of passing of the order by the Division Bench of Madras High Court.
In view of above, this court declines to deal into the merits of the matter and disposes of this petition with following directions:-
(i) That respondent-WCR for NCTE is directed to take a decision by considering the reply, Annexure-
P/7 filed by the petitioner to the impugned notice after providing reasonable opportunity of being heard to the petitioner in terms of the provisions of NCTE Act and relevant regulations.
(ii) Till decision as aforesaid [vide (i)] is taken by the respondent-WCR, no coercive steps shall be 3 WP 6398/2016 Gyan Mandir Shiksha Avam Samaj Seva Samiti Vs. National Council For Teacher Edu.
taken against the petitioner/institution while implementing the rigors of the provisions of the Regulations 2014 under review.
(iii) If aggrieved by the decision of WCR, the petitioner shall be free to avail the remedy of appeal before NCTE.
With the above said directions, the petition stands disposed of.
(Sheel Nagu) (Rajeev Kumar Dubey)
Judge Judge
16/11/2016 16/11/2016
(Bu)