Delhi High Court
Shimla College Of Education vs National Council For Teacher Education ... on 30 May, 2024
Author: C.Hari Shankar
Bench: C.Hari Shankar
$~36
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 76/2024, CM APPL. 293/2024 and 294/2024
SHIMLA COLLEGE OF EDUCATION ..... Petitioner
Through: Mr. Sanjay Sharawat and Mr.
Ashok Kumar, Advs.
versus
NATIONAL COUNCIL FOR TEACHER
EDUCATION & ANR. ..... Respondents
Through: Mr. Anuj Kapoor, Adv. for
Respondent 1
Mr. Utkarsh Singh for Mr. Santosh K.
Tripathi, Standing Counsel for DoE
CORAM:
HON'BLE MR. JUSTICE C.HARI SHANKAR
JUDGMENT (ORAL)
% 30.05.2024
1. At the outset, learned counsel for the respondents submits that
the respondents have no objection to the FDR of ₹ 25 lakhs, deposited
by the petitioner, being returned to it. Accordingly, the respondent is
directed to return to the petitioner, the FDR of ₹25 lakhs along with
interest which may have accrued thereon, within four weeks.
2. In so far as the main appeal is concerned, the issue in
controversy is extremely limited. By order dated 16 August 2023,
passed by the Northern Regional Committee (NRC) of the National
Council for Teacher Education (NCTE), recognition granted to the
petitioner for 100 students in B.Ed. course, 100 students in D.El.Ed.
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course and 50 students in M.Ed. course, for conducting B.Ed.,
D.El.Ed. and M.Ed. courses by the NRC of the NCTE was
withdrawn under Section 17 of the National Council for Teacher
Education Act, 1993 (hereinafter referred to as "NCTE Act, 1993")
with effect from the academic session 2024-2025.
3. The petitioner appealed against the said order to the Appellate
Committee of the NCTE. By order dated 19 December 2023, the
Appellate Committee has observed thus:
"The Appeal Committee noted that the instant matter was again
taken up by the Appellate Committee in its 13th Meeting, 2023
held on 19.10.2023 whereby the Appeal Committee decided to
grant (3rd/Final) Opportunity to the institution to submit certain
clarification.
The Appeal Committee noted that the Appellant Institution in
addition to the explanation mentioned in appeal report submitted
the following documents with a claim to have rectified the
shortcomings pointed out in the impugned withdrawal order: -
(i) A copy of faculty list for B.Ed. programme approved by
Asst. Registrar (Acad.), H.P. University, Shimla as per
provisions of NCTE Regulation, 2014 etc.
(ii) A copy of report dated 08.11.2023 of the Tehsildar stating
that Shimla College of Education is the owner in possession of
land.
(iii) A copy of land documents alongwith Building Completion
Certificate, Building Safety Certificate & Building Plan.
(iv) A copy of screen shot of website showing uploading the
requisite documents on the website of the institution.
The Appeal Committee also noted the observation of the NRC
viz a viz the explanation given by the Appellant institution
regarding Building Safety Certificate. The Appellant institution
contended that during the inspection it has been observed by the
concerned Engineer that the said building visually seems to be
safe and sound and the building is fit for occupancy from the
year 2023-28 during normal conditions. On the basis of
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observation of the NRC and Appellant institution, the Appeal
Committee is of the view that NRC to conduct inspection of the
institution under Section 13 of the NCTE Act, 1993 in
consonance with Inspection Division of NCTE (HQ) to verify
the infrastructural and instructional facilities available with the
institution.
The Appeal Committee noted that the institution has submitted
documents with respect to points mentioned in the Withdrawal
Order dated 16.08.2023 and keeping in view, the Hon'ble High
Court of Delhi Judgment dated 23.02.2017 passed in W.P(C).
no. 3231/2016 titled "Rambha College of Education V/s NCTE"
wherein the Hon'ble Court has directed the Appeal Committee
to take into consideration the subsequent documents of the
Appellant while disposing of the Appeal has to be taken on
record.
The Appeal Committee noted that the document submitted in
appeal vis a vis the grounds mentioned in the order of
withdrawal, require to be verified by the Northern Regional
Committee and decision taken accordingly. The NRC, NCTE is
further directed to conduct inspection of the institution under
Section 13 of the NCTE Act, 1993 in consonance with
Inspection Division of NCTE (HQ) to verify the infrastructural
and instructional facilities available with the institution and
further to verify the documents submitted from the concerned
issuing authority.
Appeal Committee noted that the Hon'ble High Court of Delhi
vide order dated 08.04.2021, passed in W.P. (C) 4382/2021 has
observed as follows: -
"Appellate Committee of NCTE, is directed to ensure that,
whenever an order of remand is passed, the status of the
impugned is clearly spelt out so that the institution is not
compelled to approach the Court in this manner."
Appeal Committee noted that the Hon'ble High Court of Delhi
vide order dated 30.07.2021, passed in W.P. (C) 7260/2021 has
observed as follows: -
"Although the Appellate Committee of the NCTE would
be well advised to expressly quash the original order of
the concerned Regional Committee while remanding the
matter, the position in law is that the order automatically
stands quashed. The institution is, therefore, entitled to the
benefits of recognition until a fresh withdrawal order is
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passed."
In view of the afore-mentioned extracts of the court orders, the
impugned withdrawal order dated 16.08.2023 (B.Ed.
programme) is set-aside as the Appellate Committee has decided
to remand back the case to NRC for revisiting the matter.
Noting the submission and verbal arguments advanced during
the hearing, Appeal Committee decided to remand back the case
in respect of B.Ed. programme to the NRC, NCTE with the
direction to conduct inspection of the institution under Section
13 of the NCTE Act, 1993 in consonance with Inspection
Division of NCTE (HQ) to verify the infrastructural and
instructional facilities available with the institution. The
Appellant is directed to forward to the NRC the documents
submitted in appeal within 15 days from the receipt of order of
the Appeal to take further necessary action as per the NCTE
Regulation, 2014, guidelines and amendments issued from time
to time in terms of direction given herein above.
IV. DECISION: -
After perusal of the Appeal Report, documents on record and
oral arguments advanced during the online hearing, Appeal
Committee of the Council concluded to remand back the case in
respect of B.Ed. programme to NRC with a direction to conduct
inspection of the institution under Section 13 of the NCTE Act,
1993 in consonance with Inspection Division of NCTE (HQ) to
verify the infrastructural and instructional facilities available
with the institution. The Appellant Institution is directed to
forward to the NRC the documents submitted in appeal within
15 days from the receipt of order of the Appeal to take further
necessary action as per the NCTE Regulation, 2014, guidelines
and amendments issued from time to time in terms of direction
given herein above.
The above decision is being communicated on behalf of the
Appeal Committee.
Sd/-
Deputy Secretary (Appeal)"
4. The grievance of the petitioner is that the aforesaid order would
have to apply not just to the B.Ed. programme conducted by the
petitioner but to all the three programmes, recognition in respect of
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which was withdrawn by order dated 16 August 2023 of the NRC.
5. Though Mr. Anuj Kapur, learned counsel for NCTE, sought to
point out, from the title of the appeal filed by the petitioner before the
Appellate Committee, that the appeal was limited to the B.Ed. course
and that therefore the Appellate Committee could not be faulted for
having passed the order restricted to the B.Ed. course, it is seen that
the prayer in the appeal specifically sought setting aside of the order
of withdrawal of the petitioner's recognition in respect of all three
courses. It goes without saying that it is the prayer in the appeal which
would predominate, rather than a mention in the title of the appeal.
The appeal has, therefore, to be treated as extending to all the three
courses, recognition of which was withdrawn by the order dated 16
August 2023.
6. In so far as the Appellate Committee's order dated 19
December 2023 is concerned, the extracts from the said order
reproduced in para 3 supra reveal that the Appellate Committee
decided to remand the matter for a fresh consideration following a
fresh inspection. Following this decision, the Appellate Committee
relied on order dated 30 July 2021 passed by this Court in W.P.(C)
7260/2021 (Arihant College & Anr. v. N.C.T.E.) wherein this Court
has observed that, where the Appellate Committee decides to remand
the matter, the order under challenge automatically stands quashed
and that the Institution concerned would be entitled to the benefits of
recognition till a fresh withdrawal order is passed.
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7. Following this, the Appellate Committee has set aside the order
of withdrawal but has restricted its decision to the B.Ed. Course
conducted by the petitioner.
8. It is obvious that the decision of the Appellate Committee
would necessarily have to extend to all the three courses in respect of
which recognition was withdrawn and cannot be restricted to the
B.Ed. course. The principle in the order dated 30 July 2021 passed by
this Court in W.P.(C) 7260/2021 that where the matter is remanded by
the Appellate Committee for a fresh consideration, the petitioner
would be entitled to restoration of recognition pending the outcome of
the fresh consideration, would have to extend to all the courses
conducted by the petitioner.
9. In that view of the matter, the impugned order dated 19
December 2023 of the Appellate Committee is modified to the extent
that recognition of the petitioner stands restored in respect of all the
three courses i.e. B.Ed., D.El.Ed. and M.Ed. Needless to say, however,
this restoration would be subject to the outcome of the fresh
inspection and fresh consideration as directed by the Appellate
Committee in its order dated 19 December 2023.
10. The respondent is also directed to take steps to reflect the status
of the petitioner on its website as a recognized institute in respect of
all the three courses as above and to issue fresh restoration orders for
all the three courses and appropriately intimate the Affiliating Body,
subject to the outcome of the fresh inspection as per direction of the
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Appellate Committee. The restoration order would be issued within a
period of two weeks from today.
11. The writ petition is allowed in the aforesaid terms.
C.HARI SHANKAR, J
MAY 30, 2024
yg
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