Court No. - 39 Case :- WRIT - C No. - 43704 of 2010 Petitioner :- C/M Khajan Singh Girls Degree College And Others Respondent :- State Of U.P. And Others Petitioner Counsel :- Aditya Kant Sharma,P.S. Baghel Respondent Counsel :- C.S.C.,R.A. Akhtar,Sanjay Kumar Singh Hon'ble Dilip Gupta,J.
This petition seeks the quashing of the decision taken by the
Northern Regional Committee of the National Council for Teacher
Education (hereinafter referred to as the ‘NCTE’) in its 162nd
meeting held from 24th June to 27th June, 2010 by which the
application filed by the petitioner-Institution for grant of
recognition to B.Ed. Course was rejected on the ground that the
deficiencies communicated to the Institution still existed.
It is pointed out by Sri P.S. Baghel, learned Senior Counsel for the
petitioners, assisted by Sri Aditya Kant Sharma, learned counsel
that the decision earlier taken by the Northern Regional Committee
on 22nd June, 2009 was set aside by the Appellate Authority on
21st December, 2009 and the matter was remitted to the Northern
Regional Committee for fresh decision. The Northern Regional
Committee then issued a show cause notice dated 14th May, 2010
to the petitioners to which a detailed reply dated 31st May, 2010
was set submitted by the petitioner before the Northern Regional
Committee along with documents but without taking into
consideration the said reply and the documents, only a cryptic
order has been passed by the Northern Regional Committee
mentioning that the deficiencies still exist. It is the submission of
learned Senior Counsel for the petitioners that all the deficiencies
have been removed and the Northern Regional Committee
committed an illegality in rejecting the application.
Learned Standing Counsel appearing for respondent no.1.
Respondent No.2 is represented by Sri Sanjay Kumar Singh, while
respondent No.3 is represented by Sri R.A. Akhtar.
It is the submission of Sri R.A. Akhtar, learned counsel appearing
for respondent-NCTE that the petitioners can still challenge the
decision taken by the Northern Regional Committee before the
Appellate Authority under Section 18 of the National Counsel for
Teacher Education Act, 1993 as they had done earlier.
This submission of learned counsel for the respondent No.3 cannot
be accepted for the simple reason that the decision taken by the
Northern Regional Committee does not record any reason as to
why the objections filed by the petitioners cannot be accepted.
In this view of the matter, the decision take by the Northern
Regional Committee of the NCTE from 24th June to 27th June,
2010 is set aside. The Northern Regional Committee shall decide
the application submitted by the petitioner-Institution for grant of
recognition to the B.Ed. Course expeditiously, preferably within a
month from the date a certified copy of this order is filed by the
petitioners.
The writ petition is allowed to the extent indicated above.
Order Date :- 2.8.2010
SK