Court No. - 39 Case :- WRIT - C No. - 896 of 2010 Petitioner :- Shiva Educational & Welfare Trust & Anr. Respondent :- Regional Director, National Council For Teachers Edu. & Anr. Petitioner Counsel :- Neeraj Tiwari Respondent Counsel :- R.A. Akhtar Hon'ble Dilip Gupta,J.
Shanti Niketan Institute of Technology, Rahu Nangli, Tehsil
Chandpur, district Bijnor (hereinafter referred to as the
‘Institution’) has sought the quashing the order dated 10th June,
2009 passed by the Regional Director of the Northern Regional
Committee of National Council for Teachers Education. The order
dated 7th August, 2009 passed by the Appellate Authority has also
been impugned in the present petition.
It is stated in the petition that a communication dated 11th June,
2008 was issued by the Regional Committee asking the petitioners
to remove the deficiencies mentioned in the letter so that the
application submitted by it for grant of affiliation for establishing a
new Institution for B.Ed. Teacher Education Programme could be
considered. The petitioners submitted a reply whereafter the order
dated 10th June, 2009 was passed by the Northern Regional
Committee that the application was being returned as the
petitioners had not removed the deficiencies. The petitioners filed
an appeal which has been rejected by the order dated 7th August,
2009.
Learned counsel for the petitioners has pointed out that the order
dated 10th June, 2009 mentions only one deficiency that the land
use certificate was not submitted by the petitioners but the
Appellate order mentions two more deficiencies namely that the
Institution had not submitted a proper building plan and the
building completion certificate. It is his submission that the
Institution had removed all these deficiencies but the Appellate
Authority has recorded incorrect findings that the deficiencies had
not been removed. It is pointed out by learned counsel for the
petitioners that the land use certificate had been obtained after the
order was passed by the Regional Committee and the Appellate
Authority was apprised of this fact but it has not been taken into
consideration by the Appellate Authority.
Sri R.A. Akhtar, learned counsel for the respondents states that the
petitioner may now apprise the Northern Regional Committee of
the correct facts so that an appropriate order can be passed.
It is, therefore, for the petitioner-Institution to approach the
Northern Regional Committee with all the relevant documents
regarding removal of the deficiencies pointed out and in case such
an application along with all the relevant documents is filed before
the Northern Regional Committee, an appropriate reasoned order
shall be passed expeditiously, preferably within a period of six
weeks’ from the date a certified copy along with all the relevant
documents is filed by the petitioners before the Northern Regional
Committee. The impugned order shall abide by the final order to
be passed by the Northern Regional Committee.
The petition is disposed of subject to the observations made above.
Order Date :- 11.1.2010
NSC