Delhi High Court
Ganpat Sahai Degree College & Anr vs National Council For Teacher ... on 29 April, 2019
$~84
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 29th April, 2019
+ W.P.(C) 4435/2019 & CM APPL. 19713/2019
GANPAT SAHAI DEGREE COLLEGE & ANR ....Petitioners
Through: Mr. Amitesh Kumar, Adv. with
Ms. Binisa Mohanthy and Ms. Priti Kumari,
Advs.
versus
NATIONAL COUNCIL FOR TEACHER
EDUCATION AND ANR. ..... Respondents
Through: Ms. Arunima Dwivedi, SC for
NCTE with Ms. Preeti Kumra, Adv. for
respondents
CORAM:
HON'BLE MR. JUSTICE C. HARI SHANKAR
% J U D G M E N T (ORAL)
1. This writ petition is directed against a refusal/rejection order,
dated 27th December, 2016, issued by the Northern Regional
Committee (hereinafter referred to as "the NRC") of the National
Council for Teachers Education (hereinafter referred to as „the
NCTE"), whereby the application, of the petitioners, for grant of
recognition/permission to start a B.Ed. Course in the B.Ed. Vibhag
G.S. Mahila College, District-Sultanpur, Uttar Pradesh, was rejected,
as well as against the subsequent order dated 18th February, 2019,
whereby the petitioners‟ appeal against the said order also stands
rejected by the Appellate Committee in the NCTE.
2. A reading of the impugned orders reveals that the only ground
on which the petitioner‟s application was rejected is that it had not
submitted a reply to the Show Cause Notice dated 2nd December,
2015.
3. Mr. Amitesh Kumar, learned counsel for the petitioners, invites
my attention to the minutes of the 24th meeting of the NRC held from
the 24 to 27th November, 2015, which records that the show cause
notice, issued to the petitioners, was answerable within thirty days
from the date of its issuance.
4. As the show cause notice was issued on 2nd December, 2015,
the said period of thirty days would expire on 1st January, 2016.
5. The reply, to the show cause notice, was filed by the petitioners
on 22nd December, 2015, and Mr. Amitesh Kumar points out that a
copy thereof has been annexed as Annexure P-11 to the writ petition.
6. Clearly, therefore, the NRC as well as the Appellate Committee
in the NCTE was in error in holding that the reply to the show cause
notice was not filed within the stipulated time period.
7. In the circumstances, Ms. Arunima Dwivedi, learned SC for the
NCTE, consents to a remand of the matter to the NRC to reconsider
the matter, after taking into account the reply, dated 22nd December,
2015, submitted by the petitioners.
8. The petitioners shall also be entitled to an opportunity of
personal hearing before the case is decided.
9. Resultantly, with consent of both parties, the impugned order
dated 27th December, 2016, as well as the consequent appellate order
dated 18th February, 2019 are quashed and set aside.
10. The matter is remanded to the NRC for a re-consideration in its
next meeting, on which date the petitioner shall be entitled to an
opportunity of personal hearing.
11. The NRC would also take into account the reply, dated 22nd
December, 2015, submitted by the petitioners. The date of the next
meeting shall be intimated to the petitioners by the NRC, sufficiently
in advance, on its e-mail Id, which is [email protected]
12. Needless to say, this Court has not entered any observations on
the merits of the case.
13. The writ petition stands disposed in the above terms, with no
order as to costs.
14. CM APPL.19713/2019 also stands disposed of.
C. HARI SHANKAR, J
APRIL 29, 2019/dsn
