Lord Krishna Institute For ... vs National Council For Teacher ...

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      IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                      Judgment delivered on: 19.06.2017


+       WP(C) 5311/2017

LORD KRISHNA INSTITUTE FOR EDUCATION..... Petitioner

                                       versus

NATIONAL COUNCIL FOR TEACHER
EDUCATION & ANR.                                           ..... Respondents
Advocates who appeared in this case:

For the Petitioner    :       Mr Amitesh Kumar and Mr Shashank Shekhar Singh

For the Respondents       :   Ms Monika Arora with Mr Harsh Ahuja for R-1 & 2.


CORAM:
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
                                JUDGMENT

19.06.2017 SANJEEV SACHDEVA, J. (ORAL) CM No. 22510/2017 (exemption) Allowed, subject to all just exceptions.

W.P.(C) 5311/2017 & CM No.22509/2017(stay)

1. The petitioner impugns order dated 19.04.2017 issued by the Regional Director, Northern Municipal Committee of National Council for Teacher Education, whereby the recognition granted to the petitioner - Institution has been withdrawn.

2. Learned counsel for the petitioner submits that the Northern Regional Committee had no jurisdiction to pass such an order and the jurisdiction, if any, vested is with the Council. He further submits that no show-cause notice was ever issued to the petitioner prior to the withdrawal of the recognition. The recognition was granted in the year 2005 with additional course being permitted in the year 2008.

3. Learned counsel submits that the petitioner has been complying with all the terms and conditions and is also complying with the conditions of recognition and there is no default.

4. Learned counsel appearing for the respondent submits that the petitioner has a remedy of appeal to the Council (National Council for Teacher Education, New Delhi), in terms of Section 18 of the National Council for Teacher Education Act, 1993 (hereinafter referred to as 'the Act').

5. He submits that as per his information, the next meeting of the Council is likely to be held in the end of June, 2017.

6. In view of the above, the petition is disposed of permitting the petitioner to file an appeal under Section 18 of the Act with the Council.

7. In case the petitioner files an appeal within a period of three days, the Committee shall take up the Appeal and decide it in its next meeting.

8. Till the decision is taken by the Council, the operation of Withdrawal Order dated 19.04.2017 shall remain stayed.

9. Order Dasti under signatures of Court Master.

SANJEEV SACHDEVA (Vacation Judge) JUNE 19, 2017 'Sn' CM(M) 657/2017 Page 3 of 3