Gujarat High Court
State Of Gujarat vs Shri Narnarayanadev P.T.C College on 23 September, 2025
Author: Sunita Agarwal
Bench: Sunita Agarwal
NEUTRAL CITATION
C/LPA/1060/2025 ORDER DATED: 23/09/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/LETTERS PATENT APPEAL NO. 1060 of 2025
In R/SPECIAL CIVIL APPLICATION NO. 8376 of 2025
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2025
In R/LETTERS PATENT APPEAL NO. 1060 of 2025
With
CIVIL APPLICATION (FOR JOINING PARTY) NO. 2 of 2025
In R/LETTERS PATENT APPEAL NO. 1060 of 2025
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STATE OF GUJARAT & ANR.
Versus
SHRI NARNARAYANADEV P.T.C COLLEGE & ANR.
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Appearance:
MS HETAL PATEL,ASST. GOVERNMENT PLEADER for Appellant No. 1,2
MR SIDDHARTH DAVE & MS KOMAL S DAVE(8152) for Respondent No. 1
NOTICE SERVED for the Respondent(s) No. 2
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CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE
SUNITA AGARWAL
and
HONOURABLE MR.JUSTICE D.N.RAY
Date : 23/09/2025
ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE
SUNITA AGARWAL)
1. This intra-court appeal is directed against the judgment
and order dated 24.06.2025 passed by the learned Single
Judge whereby the writ petition filed by the respondent -
college seeking to participate in the admission process for
allotment of students in the Diploma in Elementary Education
Programme (D.El.Ed.), has been allowed with the directions to
the respondents to add the name of the petitioner - college in
the list of colleges mentioned in the advertisement as
available on the website of the respondent - authorities for
allotment of students in the said course. Further direction is
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to consider the case of the petitioner submitted vide
application dated 10.06.2025 for allotment of students in
D.El.Ed. course for the academic year 2025-26.
2. The present appeal is arising out of Special Civil
Application No.8376 of 2025 which has been decided along
with another writ petition, namely Special Civil Application
No.8375 of 2015, at the admission stage itself. The case of the
petitioner before the Writ Court was that the petitioner
institution is running since the year 2006 and was granted
recognition by the National Council for Teacher Education
(NCTE) on 28.02.2007 for conducting Primary Teachers
Certificate Course with the intake of 50 students. In
furtherance thereto, on 23.10.2007, affiliation was granted by
the State Examination Board, Government of Gujarat for the
Primary Teachers Certificate Course, thereby permitting the
institution to conduct the course and examination of the
students as per regulatory norms. The assertion in the writ
petition was that NCTE had issued public notices dated
09.09.2024 and 10.12.2024 requiring recognized institutions
to submit online Performance Appraisal Report (PAR) for the
previous academic sessions, namely 2021-22 and 2022-23. A
statement is made in the writ petition to the effect that the
petitioner institution had not admitted any students during
the relevant academic years and, as such, there was no
occasion or requirement for submission of the PAR.
3. It was the case of the petitioner before the learned
Single Judge that the respondent No.2, namely the Deputy
Director of Primary Education, i.e. the State authorities had
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published an advertisement dated 29.05.2025 regarding
admission in D.El.Ed. course for the academic year 2025-26
and due to non-submission of the PAR, the name of the
petitioner institution has not been indicated in the list of
colleges approved by the authority for participation in the
exercise for admission in D.El.Ed. course. The contention of
the petitioner in the writ petition was that the application
form of the petitioner college would not be accepted for
participating in the admission process for academic year
2025-26 due to non-submission of PAR, in view of the
direction of the respondents vide letter dated 24.04.2025 sent
to all self-financed colleges running D.El.Ed. course regarding
the procedure notified by NCTE.
4. It seems that the learned Single Judge while evaluating
this contentions of the petitioner has reached at the conclusion
that the State authorities had no power to prohibit the
institutions from participating in the admission process to the
programme for D.El.Ed., only on the premise that certain
institutions did not fill up the PAR and submit the same to the
NCTE.
5. Pertinent is to note that the writ petition had been
decided at the admission stage and the State respondents did
not get a chance to submit their response before the learned
Single Judge. The NCTE, which is the regulatory body has not
been impleaded before the Writ Court.
6. In the instant appeal, the specific stand of the State
appellants in the affidavit dated 08.09.2025 is that the
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recognition of the petitioner college namely Shri
Narnarayanadev College for PTC Course (Primary Teachers
Course) as initially granted by NCTE, had been withdrawn vide
order dated 30.10.2012. The withdrawal order of NCTE has
been brought on record at page '97' of the paper-book. A
perusal thereof indicates that the Western Regional Committee
(WRC) of the NCTE in its 172 nd meeting had considered the
letter dated 07.06.2012 of the society, namely Shri
Swaminarayan Shikshan Sanskar Charitable Trust, Sokli,
Hansalpur Highway, Taluka Viramgam, District Ahmedabad,
Gujarat, requesting the NCTE for closure of the PTC course
being conducted by the Society in the college, namely Shri
Narayanadev PTC College run by the society. It seems that the
said request was accepted by WRC and it was decided to close
the course and return the FDRs (deposits made by the society).
7. The recognition granted to Shri Narayanadev PTC
College, Viramgam, Ahmedabad, Gujarat vide order dated
27.09.2006 has, thus, been withdrawn with the decision of the
WRC. The communication of the said decision dated
30.10.2012 appended at page '37' of the paper-book is also
addressed to the Principal of the college concerned.
8. In the affidavit filed on behalf of the writ petitioner dated
22.09.2025 today in the Court, it is sought to be submitted
that the respondent institution did not receive any
communication from the NCTE or the respondent authority
intimating the withdrawal of recognition for the PTC course.
However, it is admitted in the said affidavit itself that the
respondent institution had not admitted students in PTC
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course (D.El.Ed. course) since after the academic session
2011-12 which was the last academic session for admission in
D.El.Ed. for the college concerned. There is no categorical
denial to the receipt of the letter dated 30.10.2012, a copy
whereof was sent to the Principal of the institution concerned.
Moreover, the decision having been taken on the request
letter sent by the society itself, which was running the
petitioner-institution, it is neither acceptable nor
understandable as to why the petitioner - college would not
be aware of the factum of the withdrawal of the recognition by
the NCTE. The reply in the affidavit filed in the Court today on
the part of the writ petitioner, namely the respondent herein,
is absolutely vague and misleading.
9. Taking note of the above, we find that the petitioner-
college has filed the writ petition for a relief which was not
available to it on the date of the institution of the writ petition,
and succeeded in securing an order by misleading the Writ
Court.
10. For the aforesaid, the judgment and order dated
24.06.2025 passed in Special Civil Application No.8376 of 2025
by the Writ Court is quashed qua the original writ petitioner -
respondent No.1 herein. The appeal stands allowed. The writ
petition stands dismissed. Consequently, the connected
applications stand disposed of. No order as to costs.
(SUNITA AGARWAL, CJ )
(D.N.RAY,J)
GAURAV J THAKER
