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Shiv Taj Education Institute vs National Council For Teacher ...
2020 Latest Caselaw 1354 Del

Citation : 2020 Latest Caselaw 1354 Del
Judgement Date : 28 February, 2020

Delhi High Court
Shiv Taj Education Institute vs National Council For Teacher ... on 28 February, 2020
$~38, 39, 41, 43, 47 & 50
*     IN THE HIGH COURT OF DELHI AT NEW DELHI
+     W.P.(C) 2259/2020

                                           Date of decision: 28.02.2020
      SHIV TAJ EDUCATION INSTITUTE           ..... Petitioner
                    Through  Mr. Sanjay Sharawat, Mr. Divyank
                             Rana and Mr. Abhishek Dhankar,
                             Advs.
                    versus

      NATIONAL COUNCIL FOR TEACHER EDUCATION AND ORS.
                                               ..... Respondents
                  Through   Ms. Arunima Dwivedi, Standing
                            Counsel with Mrs. Ankita, Adv. for
                            NCTE.

+     W.P.(C) 2262/2020
      OM COLLEGE OF EDUCATION                       ..... Petitioner
                          Through   Mr. Sanjay Sharawat, Mr. Divyank
                                    Rana and Mr. Abhishek Dhankar,
                                    Advs.
                          versus

      NATIONAL COUNCIL FOR TEACHER EDUCATION AND ORS.
                                               ..... Respondents
                  Through   Ms. Arunima Dwivedi, Standing
                            Counsel with Mrs. Ankita, Adv. for
                            NCTE.

+     W.P.(C) 2280/2020
      GPS INSTITUTE OF EDUCATION THROUGH APEX SOCIAL
      WELFARE SOCIETY (REGD)                 ..... Petitioner
                    Through  Mr. Sanjay Sharawat, Mr. Divyank
                             Rana and Mr. Abhishek Dhankar,




W.P. (C) 2259/2020 & Connected                                     Page 1 of 5
                                   Advs.
                       versus
      NATIONAL COUNCIL FOR TEACHER EDUCATION AND ORS.
                                                   ..... Respondents
                       Through Ms. Arunima Dwivedi, Standing
                               Counsel with Mrs. Ankita, Adv. for
                               NCTE.
+     W.P.(C) 2287/2020
      MAHARAJA SURAJMAL TEACHERS TRAINING COLLEGE
      FOR STC                                  ..... Petitioner
                       Through Mr. Sanjay Sharawat, Mr. Divyank
                               Rana and Mr. Abhishek Dhankar,
                               Advs.
                       versus

      NATIONAL COUNCIL FOR TEACHER EDUCATION AND ORS.
                                                  ..... Respondents
                       Through Ms. Arunima Dwivedi, Standing
                               Counsel with Mrs. Ankita, Adv. for
                               NCTE.
+     W.P.(C) 2297/2020
      B.R. MEMORIAL T.T SCHOOL               ..... Petitioner
                    Through  Mr. Sanjay Sharawat, Mr. Divyank
                             Rana and Mr. Abhishek Dhankar,
                             Advs.
                    versus

      NATIONAL COUNCIL FOR TEACHER EDUCATION AND ORS.
                                                  ..... Respondents
                       Through Ms. Arunima Dwivedi, Standing
                               Counsel with Mrs. Ankita, Adv. for
                               NCTE.
+     W.P.(C) 2310/2020
      SEVA TEACHER TRAINING COLLEGE          ..... Petitioner
                   Through  Mr. Sanjay Sharawat, Mr. Divyank
                            Rana and Mr. Abhishek Dhankar,
                            Advs.




W.P. (C) 2259/2020 & Connected                                Page 2 of 5
                           versus

      NATI ONAL COUNCIL FOR TEACHER EDUCATION AND ORS.
                                                 ..... Respondents
                   Through    Ms. Arunima Dwivedi, Standing
                              Counsel with Mrs. Ankita, Adv. for
                              NCTE.
      CORAM:
      HON'BLE MR. JUSTICE RAJIV SHAKDHER
                   ORDER

% 28.02.2020

1. Issue notice. Ms. Dwivedi accepts notice on behalf of the respondents.

2. With the consent of counsel for the parties, the writ petitions are taken up for hearing and final disposal.

3. These writ petitions articulate a common grievance, which is, that their applications qua concerned courses have not been processed despite compliance by the petitioners.

4. Briefly, the petitioners filed applications for being granted recognition to run D.EL.ED course.

5. It is averred that, in some cases, inspections were conducted, while in others, inspections were not conducted.

6. What is common to these cases is that a decision was taken by the Northern Regional Committee (in short "NRC") to issue a show cause notice.

7. The petitioners, in some cases, responded to the formal show cause notice issued by the NRC, while in other cases, they did not await the issuance of a formal show cause notice to file their respective replies to the decision taken by the NRC.

8. The replies by the petitioners in the aforementioned matters were filed on the following dates:

               Writ Petitions Nos.         Date of Reply
               W.P.(C) 2259/2020           22.03.2019
               W.P.(C) 2262/2020           27.02.2019
               W.P.(C) 2280/2020           22.03.2019
               W.P.(C) 2287/2020           28.02.2019
               W.P.(C) 2297/2020           28.02.2019
               W.P.(C) 2310/2020           02.05.2019


9. It is the petitioners' case that, thereafter, NRC has convened 13 meetings but there has been no movement in the matter.

10. According to Mr. Sharawat, this has impacted the interest of the petitioners. Mr. Sharawat says that in 05 out of 06 matters, the applications were filed in December 2012, while in W.P.(C) 2262/2020, the application was filed in October 2008.

11. Ms. Dwivedi, on the other hand, says that the petitioners could have approached the Court earlier rather than at the nth hour when the cut-off date for academic session 2020-2021 is around the corner.

12. To my mind, the respondents are certainly at fault in not processing the applications filed by the petitioners after compliance was made by them.

13. That being said, the petitioners are also at fault, if not fully, albeit, partially, as they could have approached the Court earlier and not allowed 13 meetings to pass before instituting the captioned petitions.

14. In these circumstances, the captioned writ petitions are disposed of with a direction to the concerned regional Committee i.e. Western Regional Committee (in short 'WRC')1 to take necessary steps in the matters, if possible, before 03.03.2020, which is the cut- off date fixed for academic session 2020-2021.

15. Dasti under signatures of the Court Master.

RAJIV SHAKDHER, J FEBRUARY 28, 2020 rb

As per the terms of the Gazette Notification dated 27.01.2020 issued by the National Council for Teacher Education.

 
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