Vardhman College vs National Council For Teacher ...
2019 Latest Caselaw 2279 Del

$~65
*    IN THE HIGH COURT OF DELHI AT NEW DELHI
                                   Date of Decision: 30th April, 2019

+      W.P.(C) 4573/2019 & CM APPL. 20389/2019
       VARDHMAN COLLEGE                    ..... Petitioner
                  Through: Mr. Ravi Kant and Mr. Mayank
                  Manish, Advs.

                         versus

       NATIONAL COUNCIL FOR TEACHER
       EDUCATION AND ANR.                   ..... Respondents

Through: Ms. Arunima Dwivedi, SC for NCTE with Ms. Preeti Kumra, Adv.

CORAM:

HON'BLE MR. JUSTICE C. HARI SHANKAR

% J U D G M E N T (ORAL)

1. Having heard learned counsel and with consent of parties, this writ petition is being disposed of, instead of awaiting for completion of pleadings.

2. The writ petition assails the decision at the meeting of the Western Regional Committee (WRC) of the National Council for Teacher Education (hereinafter referred to as "the NCTE") taken between 2nd to 4th April, 2019, which is impugned in the present writ petition, in which, apropos the petitioner, the recognition granted to the petitioner, for starting the M.Ed. course, was withdrawn on the ground that, the petitioner had not submitted the letter granting approval for selection or appointment of faculty, issued by the affiliating body, as required by NCTE Regulation, 2014.

3. Mr. Ravi Kant, learned counsel for the petitioner, submits that no such objection is there in the show cause notice dated 7th September, 2018 which proceeded the taking of the said decision. He submits that consequent to the taking of the impugned decision, the petitioner contacted the Barkatullah University, Bhopal, which directly forwarded, to the NCTE, a copy of the approval for the selection or appointment of faculty.

4. Mr. Ravi Kant submits that the defect to which the impugned decision of the WRC refers, has been rectified/cured.

5. In view of the said submission, the impugned decision of the WRC, taken in its meeting between 2nd to 4th April, 2019, is set aside and the petitioner is granted a liberty to appear before the WRC, with the requisite materials/documents, to convince the WRC regarding compliance, by it, of the requirement of submitting of the letter of approval for selection or appointment of faculty, as issued by the affiliating body.

6. For this purpose, the WRC is directed to intimate, to the petitioner, on his e-mail Id, which is [email protected], the date and time, so that the petitioner should present himself before it.

7. Needless to say, should the petitioner remain aggrieved by the decision of the WRC, it's right to seek legal redress in that regard shall stand protected.

8. The writ petition is disposed of in the above terms, with no order as to costs.

9. CM APPL. 20389/2019 also stand disposed of.

C. HARI SHANKAR, J APRIL 30, 2019 dsn