Court No. - 39 Case :- WRIT - C No. - 69285 of 2009 Petitioner :- R.N. College & Another Respondent :- State Of U.P. & Others Petitioner Counsel :- Neeraj Tiwari Respondent Counsel :- C.S.C.,A. Khanna,R.A. Akhtar Hon'ble Dilip Gupta,J.
The petitioners have sought the quashing of the decision taken by
the Northern Regional Committee of the National Council for
Teacher Education on 11th/12th December, 2009 to constitute a
Visiting Team.
Sri R.N. Singh, learned Senior Counsel and Sri U.N. Sharma,
learned Senior Counsel assisted by Sri Neeraj Tiwari, learned
counsel appearing for the petitioners state that the Northern
Regional Committee cannot constitute a Visiting Team to carry out
inspection under Section 17 of the National Council for Teachers
Education Act, 1993 (hereinafter referred to as the ‘Act’) as under
the said Section only the recognition can be withdrawn. They
submit that inspection can be carried out only under Section 13 of
the Act.
Learned Standing Counsel appears for respondent no.1, Sri R.A.
Akhtar appears for respondent no.2 while Sri Anurag Khanna
appears for respondent no.3. They submit that at present only a
Visiting Team has been constituted and no order has been passed
against the petitioners either under the provisions of Section 13 or
17 of the Act.
A perusal of the decision taken by the Northern Regional
Committee shows that only a Visiting Team has been constituted.
At present no order under Section 17 of the Act for withdrawing
recognition has been passed nor any recommendation for action to
be taken as a result of inspection under Section 13 of the Act has
been made. The petition is premature. The petitioners can seek
appropriate remedy when an order against the petitioners is passed.
The writ petition is, accordingly, dismissed. Interim order, if any,
stands vacated.
Order Date :- 18.1.2010
GS