Delhi High Court
Shrimati Mahadevi Mahila Teacher ... vs National Council For Teacher ... on 5 August, 2020
SINDHU KRISHNAKUMAR
05.08.2020 21:58
$~4
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 5th August, 2020
+ W.P.(C) 4935/2020 & CM APPLs. 17836/2020, 17837/2020,
17838/2020
SHRIMATI MAHADEVI MAHILA TEACHER TRAINING
SCHOOL ..... Petitioner
Through: Mr. Sanjay Sharawat, Advocate (M-
9810220522)
versus
NATIONAL COUNCIL FOR TEACHER EDUCATION &
ANR. ..... Respondents
Through: Ms. Arunima Dwivedi, Advocate (M-
9810916537)
CORAM:
JUSTICE PRATHIBA M. SINGH
Prathiba M. Singh, J. (Oral)
1. The hearing has been held through video conferencing.
2. The present petition has been filed against the National Council for
Teacher Education (hereinafter 'NCTE') seeking similar relief as was
granted by this Court in a bunch of connected writ petitions with lead case
being W.P.(C) 8820/2019 titled Sir Chhotu Ram Jat College of Education
v. National Council for Teacher Education & Anr. A ld. Single Judge of
this Court had, allowed the said petitions vide order dated 18th October,
2019 and had directed the Regional Committees of NCTE to reconsider the
applications of the Petitioners in those matters.
Signature Not Verified
Digitally Signed
Signing Date:05.08.2020 20:53
3. The brief background is that in 2012, the NCTE had issued a public
notice inviting fresh applications for setting up of various colleges for
courses to train teachers, for the academic session 2013-14. However,
thereafter the State of Rajasthan had imposed a ban on the establishment of
new institutions. In view of the ban, the Regional Committees of the NCTE
had rejected all the applications of the colleges, which came to be
challenged in W.P.(C) 8820/2019 and several other writ petitions. The said
writ petitions were considered by this Court and on 18th October, 2019, they
were allowed in the following terms:
"...
14. Thus, for foregoing reasons, the captioned writ
petitions will have to be allowed. The concerned
Regional Committees will reconsider the
applications of the petitioners in the captioned
matters without being burdened by the fact that
various State Governments have imposed a ban on
setting up of new institutions and granting
recognition to new courses.
15. Needless to add, the applications will be
considered by the NCTE on their own their merit
as expeditiously as possible, though, not later than
twelve (12) weeks from the date of receipt of a
copy of the order.
16. The petitioners will render all assistance so
that the timeline fixed by the Court is adhered to.
17. Since this is an order in rem, the concerned
Regional Committees will consider on merit the
applications of even those who are similarly
circumstanced and have filed their respective
applications before the ban kicked-in as per the
extant provisions of law."
4. Subsequently, various ld. Single Judges have also considered writ
Signature Not Verified
Digitally Signed
Signing Date:05.08.2020 20:53
petitions of similarly placed colleges in W.P.(C) 12020/2019 and recently in
W.P.(C) 4462/2020, a ld. Single Judge has passed a similar order on 23rd
July, 2020.
5. Ms. Arunima Dwivedi, ld. counsel for the NCTE submits that the
present writ is highly belated as it has been filed after seven years. She
further submits that the NCTE has filed an LPA challenging the order dated
18th October 2019 in one of the writ petitions forming part of the bunch of
petitions with W.P(C) 8820/2019. Mr. Sanjay Sharawat, ld. counsel for the
Petitioner submits that these very submissions of the NCTE have also been
considered in the recent orders passed by this Court.
6. After consideration of the overall facts and circumstances and the
orders which have been passed in favour of similarly placed colleges, this
Court is of the opinion that the order dated 18th October, 2019 ought to enure
to the benefit of the Petitioner as the ld. Single Judge had directed clearly
that parties who are similarly circumstanced would also be considered by the
Regional Committees. Accordingly, the direction is issued for
reconsideration of the Petitioner's application by the Regional Committee in
terms of the order dated 18th October, 2019. The directions contained in the
said judgment in Sir Chhotu Ram Jat College of Education (supra) shall
also apply mutatis mutandis in the present case as well.
7. If any order is passed in the LPA challenging the order dated 18th
October, 2019 by the ld. Division Bench, the said order would similarly be
applicable to the Petitioner as well.
8. The order dated 11th June, 2013, vide which the application of the
Petitioner was returned on the ground of subsequent ban imposed by the
State Government, is accordingly set aside.
Signature Not Verified
Digitally Signed
Signing Date:05.08.2020 20:53
9. The decision on the Petitioner's application shall be taken within a
period of twelve weeks.
10. With the above observations, the present petition is disposed of. All
pending applications also stand disposed of.
PRATHIBA M. SINGH
JUDGE
AUGUST 05, 2020
Rahul/A
Signature Not Verified
Digitally Signed
Signing Date:05.08.2020 20:53
