Delhi High Court
Maharaja Agrasen College vs National Council For Teacher ... on 3 March, 2022
$~21
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 03.03.2022
+ W.P.(C) 3685/2022 and CM APPL. 10934/2022
MAHARAJA AGRASEN COLLEGE ..... Petitioner
Through: Mr Sanjay Sharawat, Advocate.
versus
NATIONAL COUNCIL FOR TEACHER EDUCATION & ANR.
..... Respondents
Through: Mr Shivam Singh, Standing Counsel
with Mr Jaideep Khanna, Advocate for
NCTE.
CORAM:
HON'BLE MR JUSTICE RAJIV SHAKDHER
HON'BLE MR JUSTICE JASMEET SINGH
[Physical Hearing/Hybrid Hearing (as per request)]
RAJIV SHAKDHER, J.: (ORAL)
1. Issue notice.
1.1. Mr Shivam Singh accepts notice on behalf of the respondents.
2. With the consent of the counsel for the parties, the writ petition is
taken up for hearing and final disposal, at this stage itself.
3. The substantive prayers made in the writ petition read as follows:
"[a] Issue a writ of Certiorari and quash Regulation 5[3] of
National Council for Teacher Education [Recognition Norms and
Procedure] Regulations, 2014 to the extent it requires the
Petitioner to submit No Objection Certificate [NOC] issued by the
concerned Affiliating Body as the same is ultra vires the NCTE Act,
1993 and Article 14 and 19 of the Constitution of India; and
[b] Issue a writ of certiorari and quash the order dated 26.09.2016
Signature Not Verified
Signed By:VIPIN KUMAR RAI
Signing Date:07.03.2022
11:39:40
passed by the Respondent No.2 and order dated 18.04.2017 passed
by the Respondent No.1
[c] Issue a writ of mandamus and direct the Respondent No.2 to
decide the application of the Petitioner for grant of recognition for
D.El.Ed course by taking into account the NOC dated 28.02.2019
issued by the Department of Elementary Education, Govt of
Rajasthan;"
4. Mr Sanjay Sharawat, who appears for the petitioner, says that in view
of the fact that the petitioner was able to obtain a No-Objection Certificate
[in short "NOC"] from the State Government of Rajasthan, the petitioner,
for the moment, does not need to challenge Regulation 5[3] of National
Council for Teacher Education [Recognition Norms and Procedure]
Regulations, 2014. In other words, the relief sought in prayer clause [a] need
not be pressed.
5. Furthermore, it is Mr Sharawat's submission that, having regard to the
fact that the petitioner has already obtained a NOC from the State
Government of Rajasthan, its application for recognition can be processed
by respondent no.2 i.e., Western Regional Committee, National Council for
Teacher Education (NCTE), as per the extant rules.
5.1. In this context, our attention has been drawn to the document
appended on page 61 of the case file. The said document is a copy of the
NOC dated 28.02.2019, said to have been issued to the petitioner by the
Office of the Department of Elementary Education, Rajasthan.
5.2. Mr Singh says that, in view of the submission made by Mr Sharawat
on behalf of the petitioner, respondent no.2 can re-examine the application
of the petitioner and dispose of the same, in accordance with the established
procedure.
Signature Not Verified
Signed By:VIPIN KUMAR RAI
Signing Date:07.03.2022
11:39:40
6. Given the foregoing, the writ petition is disposed of with the
following directions:
(i) The order dated 26.09.2016, passed by Northern Regional Committee,
NCTE [now, Western Regional Committee], and the order in appeal dated
18.04.2017, passed by respondent no.1/NCTE, whereby petitioner's
application for recognition was rejected primarily on the ground that the
petitioner did not have a NOC issued to it by the affiliating body, shall stand
quashed.
(ii) Respondent no.2 will consider afresh the application for recognition
available with it, in the light of the fact that the petitioner claims that it
obtained a NOC from the State Government of Rajasthan on 28.02.2019.
(iii) A fresh order will be passed by respondent no.2 qua the petitioner's
application for recognition, within twelve [12] weeks from the date of
receipt of a certified copy of the NOC.
(iv) Parties will act based on the digitally signed copy of this order.
7. Consequently, pending application shall also stand closed.
(RAJIV SHAKDHER)
JUDGE
(JASMEET SINGH)
JUDGE
MARCH 03, 2022
tr
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Signature Not Verified
Signed By:VIPIN KUMAR RAI
Signing Date:07.03.2022
11:39:40
