Citation : 2015 Latest Caselaw 2993 Del
Judgement Date : 15 April, 2015
$~26
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Judgment delivered on: 15th April, 2015
+ CONT.CAS(C) 301/2015
SURAT SINGH COLLEGE OF EDUCATION THR SHRI
SURAT SINGH JANKALYAN TRUST (REGD) THR
AMARENDER SINGH ..... Petitioner
Represented by : Mr. Sanjay Sharawat, Adv.
versus
JUGLAL SINGH & ORS ..... Respondents
Represented by : Mr. Arjun Harkauli, Adv.
CORAM:
HON'BLE MR. JUSTICE SURESH KAIT
SURESH KAIT, J. (Oral)
CM No.6732/2015 (for exemption) Exemptions allowed, subject to all just exceptions. The application stands disposed of.
CONT.CAS(C) 301/2015
1. Vide the present petition, petitioner seeks direction thereby initiating contempt proceedings against the respondents for deliberate violation of order dated 18.11.2014 passed in W.P.(C) No.1691/2014.
2. Learned counsel for the petitioner submits that on being completely satisfied with the reply submitted by the petitioner, the NRC decided to conduct inspection of the College to ascertain availability of physical infrastructure as per the NCTE norms and
standards. Accordingly, the inspection was conducted by a Visiting Team (VT) constituted by the NRC on 13.06.2010. The overall assessment and recommendations of the Visiting Team is recorded in the VT report, which is extracted below:-
"Overall assessment of the Institution The visiting team visited Surat Singh, College of Education on 13th June, 2010, the Institute has sufficient land and three storey building.
Language Laboratory and Art & Craft Lab, ET Lab, Psycho and Science Lab have sufficient apparatus and equipments to meet the requirements of the 50 students.
The Institution was having Volleyball and Badminton Courts. Library room having books, journals as per NCTE norms.
They have identified the staff for running of this course. Visiting team think that the affiliation for this course may be granted."
3. Since the respondents did not issue letter of intent under clause 7(9) of NCTE Regulations 2009, the petitioner filed W.P.(C) 1691/2014.
4. The same was disposed of vide order dated 18.11.2014 as under:-
"Consequently, in view of the order dated 10th September, 2013 passed by the Supreme Court in SLP No.4247-4248/2009 directing that all pending applications shall be decided in accordance with new regulations, which the
respondent - NCTE are yet to notify, present writ petition is disposed of with a direction that the petitioner shall apply afresh in accordance with new regulations and the same shall be considered by respondents - NCTE/NRC for academic year 2015-2016 in accordance with new regulations which shall be notified in compliance with the directions of the Supreme Court"
5. Learned counsel appearing on behalf of the petitioner submits that for recognition of some of the colleges, the meeting was held on 09.02.2015 onwards and the Committee decided that VT be constituted to verify the infrastructural and instructional facilities whereas no steps have been taken in case of the petitioner despite the petitioner has complied with all formalities.
6. The fact remains that vide order dated 18.11.2014, this Court directed in W.P.(C) 1691/2014 that the case of the petitioner shall be considered by respondents for academic year 2015-2016 in accordance with New Regulations. It is not in dispute that the New Regulations have been notified on 1st December, 2014.
7. In view of the above, the respondents are directed to pursue the case of the petitioner, if all formalities have been completed by the petitioner. The respondents shall consider the case of the petitioner for the academic year 2015-2016 strictly in accordance with New Regulations of 2014.
8. In view of above, I am not inclined to pass any order under the Contempt of Courts Act, 1971 against the respondents.
9. The petition is disposed of on above terms with no order as to cost.
SURESH KAIT, J
APRIL 15, 2015/'SN' RS
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