S. M . Y. College Of Education vs National Council For Teacher ...
2019 Latest Caselaw 2280 Del

$~56
*    IN THE HIGH COURT OF DELHI AT NEW DELHI
                                    Date of Decision: 30th April, 2019

+      W.P.(C) 4552/2019 & CM APPL. 20273/2019

       S. M . Y. COLLEGE OF EDUCATION          ..... 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. Issue notice to the respondents.

2. Notice is accepted by Ms. Arunima Dwivedi, learned SC, on behalf of the respondents.

3. In view of the recital which follows, I am proceeding to dispose of this writ petition, with consent of learned counsel for the parties, without awaiting completion of pleadings.

4. The decision of the Western Regional Committee (WRC) of the National Council for Teacher Education (hereinafter referred to as "the NCTE") taken in its meeting conducted between 2nd and 4th April, 2019, which is impugned in the present writ petition, rejects the

petitioner's application for commencement of a B.Ed. course in the S.M.Y. College of Education, Gwalior, Madhya Pradesh, on the ground that "(i) the petitioner had not submitted a letter granting approval for the selection or appointment of faculty, issued by the affiliating body as per NCTE Regulation 2014, (ii) the institution had submitted a photocopy of the staff list signed by Registrar, Jiwaji University, Gwalior, Madhya yPradesh and that (iii) the Institution's website was not functional."

5. Mr. Ravi Kant, learned counsel for the petitioner, points out that these findings are erroneous, as the letter granting approval for the selection or appointment, issued by the affiliating body, as well as the staff list, on the format prescribed by the NCTE, was submitted by the petitioner more than once, the last occasion being 25th July, 2018. He also submits that the petitioner's website is functional.

6. I am informed that the meeting of the WRC is in progress.

7. In the circumstances, I am of the opinion that the interests of justice would be subserved if this writ petition is disposed of by setting aside the impugned decision and allowing the petitioner to appear before the WRC on the date and time which shall be communicated by the WRC on petitioner's e-mail, which is [email protected], so that the petitioner could convince the WRC that the deficiencies stood rectified.

8. With the above direction, this writ petition is disposed of, with

no order as to costs.

9. Needless to say, the petitioner would remain at liberty to challenge any decision which may be taken, if it is not acceptable to it.

10. CM APPL.20273/2019 also stands disposed of.

11. A copy of this judgment be given dasti to learned counsel for the petitioner under the signatures of the Court Master.

C. HARI SHANKAR, J APRIL 30, 2019 dsn