Shri Jivan Jyoti Trust & Anr. v. National Council for Teacher Education & Anr.

1. The present writ petition has been filed under Article 226 of the Constitution of India, seeking issuance of appropriate writ to quash and set aside the impugned order dated 12th June, 2026 issued by respondent no. 2, and further direct the respondents to consider the petitioner’s application for recognition of conversion/transition of existing 04-year integrated B.A.B.Ed course to ITEP course from present academic session 2026-27.

2. As per the facts on record, the Western Regional Committee (“WRC”), vide its order dated 17th July, 2007, granted recognition to the petitioner to conduct the 04-year integrated B.A.B.Ed. course with an annual intake of 50 seats (one basic unit) from academic session 2007-08. Pursuant to issuance of public notice dated 25th August, 2025 and 12th September, 2025, the petitioners submitted its fresh online application to National Council for Teacher Education (“NCTE”) dated 05th October, 2025. Subsequently, the inspection of the petitioners institute was carried out on 06th May, 2026.

3. At this stage the learned counsel appearing for the petitioners submits that the WRC, without providing a copy of the inspection report, issued a Final Show Cause Notice dated 14th May, 2026 to the petitioner, wherein no grounds or deficiency in respect of the said notice were given.

4. Consequently, the petitioners submitted its reply to the said Show Cause Notice, along with the requisite documents on the online portal of NCTE. However, the WRC vide its order dated 12th June, 2026, refused the application of the petitioners for transition of existing & recognized B.A.B.Ed. course to ITEP course.

5. In furtherance thereof, the learned counsel for the petitioners submits that the order issued by WRC simply states that the reply given by the petitioners herein has been taken into account.

6. Thus, he submits that the impugned order dated 12th June, 2026, passed by the respondent is liable to be set aside. Further, he relies upon the order dated 29th May, 2026, passed by this Court in W.P.(C) 7398/2026, titled as “Shri Jagat Narayan College & Anr. versus National Council for Teacher Education & Anr”.

7. Issue notice. Notice is accepted by learned counsel for the respondents.

8. Learned counsel for the respondents opposes the present matter, and submits that the impugned order does not require any interference by this Court. He also submits that petitioner has an alternative remedy of appeal under Section 18 of NCTE Act.

9. This Court has heard the learned counsels for the parties.

10. The facts are evident from the documents on record. The aforesaid impugned order dated 12th June, 2026 reads as under:

11. A perusal of the aforesaid impugned order dated 12th June, 2026, shows that except for paragraph 6, which states that the “reply submitted by the TEI/ HEI was considered by the Regional Committee on 03/06/2026 in Meeting No. 462 (Part-II) and the same was found deficient”, no reasons have been given by the WRC for rejecting the application of the petitioners. Once a reply to a Show Cause Notice was submitted, it was incumbent upon the said WRC to consider the reply and documents submitted by the said institute.

12. In view of the above, as respondent no. 2 did not take into account or consider the reply to the Show Cause Notice dated 14th May, 2026 submitted by the petitioners, which had been duly received by WRC, this Court is of the considered opinion that the impugned order dated 12th June, 2026 issued by WRC has been passed mechanically, and also in violation of the Principles of Natural Justice. Therefore, the said order cannot be sustained.

13. Accordingly, the impugned order dated 12th June, 2026 passed by the WRC is quashed, as being illegal.

14. The matter is remanded back to WRC to reconsider the reply to the Show Cause Notice dated 14th May, 2026 submitted by the petitioners, in accordance with the law, within a period of two weeks, from today. The WRC will also provide a copy of the inspection report to petitioners.

15. If any further information or clarification is required, WRC will inform the petitioners accordingly, and the petitioners will submit a reply thereto within a period of one week, thereafter. The WRC shall take a final decision taking into account the reply and documents submitted by petitioners, and pass a reasoned and speaking order within a period of one week, thereafter.