VIRENDRA COLLEGE OF EDUCATION v. NATIONAL COUNCIL FOR TEACHER EDUCATION & ANR

Delhi High Court · 21 Jan 2015 · 2015:DHC:11511
Vibhu Bakhru
W.P.(C) 625/2015
2015:DHC:11511
administrative appeal_allowed Significant

AI Summary

The Delhi High Court held that applications for recognition of teacher education courses must be processed strictly according to statutory procedure with an opportunity to remove deficiencies before rejection, directing fresh applications under new regulations.

Full Text
Translation output
.1 $34&35 HIGH COURT OF DELHI
W.P.(C) 621/2015
KRISHAN COLLEGE OF EDUCATION
VERSUS
NATIONAL COUNCIL FOR TEACHER EDUCATION & ANR
Through
W.P.(C) 625/2015
VIRENDRA COLLEGE OF EDUCATION Petitioner Respondents
Petitioner
VERSUS
NATIONAL COUNCIL FOR TEACHER EDUCATION & ANR Respondents
Pr: Mr Sanjay Sharawat, Advocate for petitioner in item Nos. 34 & 35.
Mr T. Singhdev, Advocate for respondent in item Nos. 34 & 35.
CORAM:
HON'BLE MR. JUSTICE VIBHU BAKHRU
21.01.2015 The petitioners have filed the above petitions challenging the rejection and return of their application for recognition of B.Ed. and D.EI.Ed. courses on the ground that the State of Haryana had given a general direction to return such applications. The learned counsel for the petitioners points out that a batch of similar petitions titled as 'Divine Mission Society (Regd.) V.
National Council for Teacher Education & Anr.: W.P.(C) No.2889/2013' and other connected matters were disposed of by this Court by an order dated 24.11.2014 whereby this Court had directed as under:-
2015:DHC:11511 "6. This Court is of the view that after filing of an application, an institution is legally entitled to have it processed by the statutorily designated authority strictly in accordance with the statutorily prescribed procedure. The input of the State Government as a stake holder under the current rules is certainly relevant but it cannot be accepted as
'gospel truth' and that too, without giving an opportunity of hearing to the petitioners.
ORDER

7. Keeping in view the aforesaid as well as the judgment/orders of the Madhya Pradesh and Punjab & Haryana High Courts as well as the order dated I September, 2013 passed by Supreme Court in SLP No. 4247- 4248/2009, present writ petitions are disposed of with a direction that the petitioners shall apply afresh in accordance with new regulations if required and the same shall be considered by the NCTE/NRC for the year 2015-16 in accordance with new regulations which are to be notified in compliance with the directions of the Supreme Court. If any deficiency is found, the same shall be communicated to the petitioners, who shall remove the deficiency within the given time. In case, the deficiencies are removed within the given time, the application shall be processed in accordance with Rules and Regulations. If the deficiencies are not removed, the applications shall stand rejected. With the aforesaid observations, the present batch of writ petitions is disposed of but without any order as to costs." The learned counsel for the parties point out that the new regulations have since been notified. Consequently, the present petitions are disposedf by directing that the petitioners are at liberty to apply afresh for the academic year 2015-16 in accordance with the new regulations, if required. And, the same shall be decided in accordance with the new regulations by the respondents. In the event, any deficiency is found the same shall be conveyed to the petitioner who shall be given an opportunity to remove the 'I same within a specified time. In case such deficiencies are removed within the specified time, the applications shall be processed in accordance with the relevant regulations. Needless to mention that if the deficiencies are not cured within the specified time the applications shall stand rejected.

VIBHU BAKHRU, J JANUARY 21, 2015 pkv