Full Text
HIGH COURT OF DELHI
Date of Decision: 30.04.2026
MANDIYA T.T. COLLEGE.....Petitioner
Through: Mr. Sanjay sharawat Sr. Advocate Mr. Mayank Manish, Mr. Ravi Kant
Mr. Vineet Upadhyay and Mr. Ayush Aanand. Advocates.
Through: Mr. Anuj Kapoor, Mr. Shivom Sethi, Advs.
JUDGMENT
1. This is a writ petition filed under Article 226 of the Constitution of India seeking the following prayers:- “(a) issue a Writ of Certiorari thereby quashing of the Refusal Order dated 09.04.2026 issued by the Respondent No.2, whereby it has refused the Application submitted by Petitioner Institution for transition of its B.A. B.Ed. / B.Sc. B.Ed. course to Integrated Teacher Education Programme for the Academic Session 2026-27; in an arbitrary and illegal manner; and (b) issue a Writ of Mandamus thereby directing the Respondent No.2 to conduct inspection of the Petitioner Institution and to decide its application for grant of recognition for transition of its B.A. B.Ed. / B.Sc. B.Ed. course to Integrated Teacher Education Programme from ensuing academic session; expeditiously and preferably within a period of four weeks;…”
2. The notice in the matter was issued on 27.04.2026 and Mr. Kapoor, learned counsel for the respondents, has been heard in opposition of the present petition.
3. The brief facts of the present case are that the petitioner College is an institute situated at Khasra No. 227/731/3 Neem Ka Thana, District Sikar, Rajasthan and was granted recognition on 17.09.2008 for running a B.Ed course with an annual intake of 100 students.
4. The respondent No. 2 vide recognition order dated 04.07.2016, granted the petitioner College recognition in terms of NCTE regulations for running courses of B.A. B.Ed./B.Sc. B.Ed (four years duration) for the academic session 2016-2017, with an intake of 100 students.
5. On 05.02. 2024, the respondent No. 1 issued a public notice inviting applications from institutions for transition from already running B.A. B.Ed./B.Sc. B.Ed (four-year integrated program) to Integrated Teacher Education Programme (ITEP). In accordance with this notification, the petitioner applied for the conversion of its programs to ITEP on 04.10.2025.
6. Pursuant thereto, the respondent No. 2 in its 445th (Part-III) meeting dated 07.01.2026-10.01.2026, decided to the issue a show cause notice to the petitioner seeking submission of various documents pertaining to land. It is pertinent to mention that the said show cause notice correctly mentioned the land of the petitioner at Khasra no. 227/731/3.
7. The petitioner College had duly submitted its response and supplied requisite documents in response required to cure the deficiencies in the application of the petitioner.
8. Thereafter, the respondent No. 2 in its 450th meeting dated 17.02.2026-20.02.2026, issued a second show cause notice. However, there were material deficiencies in the said notice, some of which are relevant for the purpose of adjudicating the present petition. Accordingly, the relevant paragraphs of the final minutes of 450th meeting of the respondent NO. 2/second show cause, read as under: “i. The website is required to be functional and updated in compliance to Clause 7(14)(i), 8(6), 8(14) and 10(3) of NCTE Regulations, 2014 as amended from time to time. ii. Authorization letter on the stamp paper as per admissible government rate is not uploaded. iii. The institution is required to upload the complete details of Society/Trust/Members with Aadhar and PAN number issued by the Competent Government Authority. iv. The Institution is required to upload information of all programme/courses run by institution in the campus and the institution is required to upload year-wise the admitted students list in respect of all running programme(s) countersigned by Affiliating University v. For confirming the institution‟s eligible for transition into ITEP course as it is Collaboration institution is required to upload the affiliation order of liberal arts, science and commerce all programmes run by them with approved intake capacity and present intake capacity as a Multi-Disciplinary Institution. vi. The Institution is required to upload the Authorization letter on the stamp paper as per admissible government rate. vii. The institution is required to upload the Noc of affiliating body no F.14/( )/ACAD. II/MDSU/2025/3693 dated 27/01/2025 as mentioned in the portal viii. The institution has uploaded Form No 10 AC. The institution is required to upload the Exemption Certificate (Form 12A) issued by the Income Tax Department or issued by government competent authority ix. The institution is required to should provide proof that all khasara number i.e. Kh. No. 2504,2503/3are a single plot, upload a proof issued by government competent authority. The institution is required to upload certified land documents clearly mentioning all the Khasra Nos. issued by Competent Authority of State Government showing that the building is situated on a single plot. x. Kh. No. mentioned in the land documents is 2504 and 2503/2 but the jamabndi is attached of Kh. No. 2303/3 and 2504 which is mismatch and the Kh. No. 2504,2503/3 is submitted by the institution in particulars. Documents of Kh. No. 2503/3 is not uploaded by the institution. The total land area is mentioned by the institution is 6323 sq.m. but in document 1391 sq.m of Kh.No. 2503/2 is mentioned and 1bigha 19 biswa (1270.9+2529.29) sq.m of Kh. No. 2504 is mentioned which is mismatch. The Khasra nos. and land area mismatch among the uploaded documents. The land documents of Khasra no. 2503/3 are not uploaded by the institution. The land area mentioned on the online portal, Affidavit and Sale Deed mismatch. xi. The institution has not uploaded Affidavit Rs. 100/- in prescribed format regarding land documents.The land area is mentioned in the Certified land document is Khasra NO. 2504 (area 1Bigha and 19 Bissa) and 2503/2 (area 4 Bigha 03 Bissa) and the mentioned in the Land details area is 6523 sq. mts. Both are mismatch. xii. This institution is required to upload Certified land documents mentioning all Khasra No. is issued by the Competent Government Authority. xiii. The institution is required to upload latest Non-Encumbrance Certificate (NEC) issued by Competent Authority of State Government. xiv. The institution is required to upload Building Plan approved by the Competent Authority of State Government mentioning the name of institution, Khasra/Plot/Survey No. and mentioning the total land area and total built-up area earmarked for each course being run in the premises and the demarcated land and built-up area for the teacher education programmes including multi-disciplinary programmes. xv. The institution is required to upload Building Safety Certificate in adherence of safety guidelines as prescribed by National/State Disaster Management Authority issued by Competent Government Authority. xvi. The institution is required to upload geotag photos with different angles of Lift, Ramp, Electricity, Safe Drinking Water and Accessible Toilet indicating the longitude and latitude with date of photograph. xvii. The institution is required to upload geotag photos with different angles of front view, rear view, multipurpose hall, library, lab 1, lab 2, lab 3 and playground indicating the longitude and latitude with date of photograph. xviii. The institution is required to upload latest Building Completion Certificate (BCC) in the prescribed format of NCTE (17 points) issued by the Competent Government Authority for all the courses being conducted in the premises. xix. The institution has not uploaded the certificate issued by the Government of Rajasthan justifying the requirement for a teacher education programme in the area, as required under Clause 4.3(i) of the NCTE Guidelines for transforming into Multidisciplinary Institutions. xx. The institution is required to upload the list of teaching staff of all Education Faculty Programmed duly approved and countersigned by its affiliating body. The institution is required to upload the bank statement of last six months indicating the transaction of the salary / remuneration to its teaching staff. xxi. The institution is required to upload Land Use Certificate (CLU) as per Rajasthan Urban Arese (Permission for use of Agricultural Land for Non-Agricultural Purposes and Allotment) Rules, 2012 in Form-11 of Rule 7(1) while mentioning all Khasra/Plot/Survey No. issued by Competent Government Authority. xxii. The institution is conducting degree courses i.e. B.A. intake (400), BSc. intake (70), M.A. (Geographic) intake (40), M.A. (Hindi) intake (40), combined intake of 550. The sufficiency of land and built-up area for 550 intake of multidisciplinary courses and 100 intake for B.A.B.Ed. / B.Sc. B.Ed. and 100 intake for B.Ed. course cannot be ascertained. Since the institution has mentioned the total built-up area 6323sq.mts. Out of which the entire built-up area is earmarked for the teacher education programme as per the BCC is uploaded by it. No built area is earmarked for teacher education. xxiii. The institution has expressed its intention to become a multidisciplinary institution through „Collaboration‟, as stipulated in the NCTE Guidelines for transforming NCTE recognized stand-alone teacher education institutions into multidisciplinary higher education institutions. xxiv. The proposal for collaboration between the institutions has not been approved by their affiliating university, as required under Clause 4.3(a) of the NCTE Guidelines for transforming into Multidisciplinary Institutions. xxv. The institution has not uploaded documentary evidence that both institutions proposed for collaboration are affiliated with the same university proper letter be issued by concern government competent authority. xxvi. The proposal for collaboration between the institutions has not been approved by their affiliating university, as required under Clause 4.3(a) of the NCTE Guidelines for transforming into Multidisciplinary Institutions.”
9. The petitioner College duly responded to the second show cause notice highlighting the factual mistakes in the said show cause notice. Thereafter, the respondent passed the impugned order dated 09.04.2026, which is important and reads as under:
10. Mr. Kapoor, learned counsel for the respondents, supports the validity of the impugned order and states that even assuming one or two grounds to be factually incorrect, there are 14 grounds as to why the transition has been refused for the petitioner College. He also submits there is an equally efficacious alternative remedy of filing an appeal against the impugned order under Section 18 of the National Council For Teacher Education (“NCTE”) Act, 1993.
11. In the present case, a perusal of the first show cause notice/final minutes of the 445th (Part-II) meeting shows that the address of the petitioner is Khasra No. 227/731/3 Neem Ka Thana, District Sikar, Rajasthan (Which is the correct address).
12. However, the second show cause notice/final minutes of 450th (Part-II) meeting predicated that the petitioner runs the institute at Khasra No. 2504, 2503/3. The same forms the basis of numerous grounds raised in the Show cause notice.
13. Additionally, the serial No. vii of the final minutes of 450th (Part-II) meeting shows that the NOC of the affiliating body is shown as: “vii. The institution is required to upload the Noc of affiliating body no F.14/( )/ACAD. II/MDSU/2025/3693 dated 27/01/2025 as mentioned in the portal”
14. A perusal of the decisions taken in the final minutes of 450th (Part-II) meeting with regards to the Sanskar Teacher Training College (forming part of Annexure P-11), also shows that Sanskar Teacher Training College has also been issued, a show cause notice wherein the institute has been required to upload the NOC of affiliating body bearing the same number as is required from the petitioner College in terms of the show cause notice issued to it.
15. Additionally, numerous grounds have been raised for the first time in the second show cause notice which were not forming part of the first show cause.
16. From a conspectus of the aforesaid fact it is clear that the second show cause notices in itself is based on incorrect facts and suffers from total non-application of mind. Thus, the same cannot sustain the impugned order dated 09.04.2026 which is based on the said show cause notice, and reply of the petitioner College to the show cause notice and still presumes the address of the petitioner to be Khasra No. 2504, 2503/3 and not 227/731/3.
17. It is a settled principle that where the very foundation of the building (the show cause notice) is vitiated, the superstructure built thereupon i.e., the building (being the impugned order) cannot be sustained and is consequentially set aside. A show cause notice founded on incorrect factual premises and introducing altogether new facts, cannot sustained in law as it violated the principles of natural justice.
18. The Hon’ble Supreme Court in the judgment of Rikhab Chand Jain v. Union of India, 2025 SCC OnLine SC 2510, has reiterated the settled position of law concerning the exercise of writ jurisdiction vested with the Courts, despite the availability of an alternative statutory remedy. The existence of an alternative remedy is termed by the Hon’ble Supreme Court in the said judgment as a self-imposed restriction and the same cannot be treated as an absolute bar. The relevant paragraph of the judgment reads as under:
19. From a conspectus of the aforesaid judgments, I am of the view that even though the Section 18 of the NCTE Act provides an appellate statutory remedy but in the present case, the availability of such statutory remedy, does not stand in way of this Court in exercise of its jurisdiction under Article 226 of the Constitution of India, as the show cause notice which forms the basis of the impugned order is itself vitiated by law for the reason of being in teeth of principles of natural justice and suffering from total non-application mind.
20. These are important institutions which are required to function within strict and time bound parameters. The timelines governing such matter have been authoritatively prescribed by the Hon’ble Supreme Courtitself in its judgment titled Maa Vaishno Devi Mahila Mahavidyalaya v. State of U.P., (2013) 2 SCC 617, which are to be scrupulously followed by all the concerned parties. The necessity to ensure compliance with these timelines is also one of the grounds which persuades me to entertain the present petition.
21. For the said reasons, the present petition is allowed and the impugned order dated 09.04.2026 is set aside. Accordingly, the respondents shall conduct inspection of the petitioner College within 15 days from today and shall thereafter take all appropriate necessary steps to ensure that the guidelines of the Hon’ble Supreme Court are scrupulously complied with.
22. The entire exercise including the issuance of show cause notice pointing out the deficiencies, furnishing of their replies, and the adjudication of those show cause notices, shall be completed on or before 07.06.2026.
23. The petition is disposed of in the aforesaid terms, along with pending applications, if any.