Patna Womens College, v. National Council For Teacher Education

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8263 of 2019 ====================================================== Patna Womens College, Patna, through its Principal cum Secretary of the Governing Body, Sr. Maria Rashmi A.C @ Sr. (Dr.) Rashmi, Female, aged about 57 years daughter of late Thomas P.T resident of Avila Convent, Patna Womens College Campus, Bailey Road, P.S. Kotwali, District Patna. ... ... Petitioner/s

Versus

1.

National Council for Teacher Education though the Chairman National Council for Teacher Education, Hans Bhawan, New Delhi-110001, Delhi. 2.

Eastern Regional Committee, National Council for Teacher Education, through the Regional Director, Eastern Regional Committee, 15 Neelakantha Nagar, Nayappalli, Bhubaneswar, Orissa-751012 3.

Regional Director, Eastern Regional Committee, National Council for Teacher Education, 15 Neelakantha Nagar, Nayappalli, Bhubaneswar751012, Odisha State. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.K.M.Joseph For the Respondent/s :

Mr.Sunil Kumar Singh : Md. Azimuddin : Mr. Ranvijay Singh For Patna University : Mr. Sandeep Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 22-04-2019 The present writ petition has been filed for quashing that portion of the proceedings of the 270th Meeting of ERC-NCTE held on 25th and 26th March, 2019, whereby and whereunder the case of the petitioner for grant of recognition for running the B.Ed. Courses has been withdrawn, as far as the Academic Sessions 2019-20 is concerned.

The learned counsel for the petitioner submits that the impugned order has been passed without giving an opportunity of hearing to the petitioner herein, as is mandatory under

Patna High Court CWJC No.8263 of 2019(2) dt.22-04-2019 2/3 Proviso to Rule 17(1) of N.C.T.E. Act, 1993. It is further submitted that though the faculties, as proposed for the petitioner- College are adequate in numbers but the details of the same has not been forwarded by the University to the N.C.T.E., hence, though the appeal of the petitioner- College is pending before the N.C.T.E., the petitioner-College be granted liberty to file additional affidavit before the N.C.T.E. as also an opportunity of hearing.

Accordingly, the present writ petition is disposed of with liberty to the petitioner to file additional affidavit before the appellate authority bringing on record such documents as are relevant for the purposes of adjudication of the case of the petitioner, within a period of one week from today. The appellate authority is further directed to fix a date of hearing in the matter so that the petitioner can place factual as well as legal issue before the appellate authority, so that the appellate authority can come to a just and legal conclusion. At this juncture, the learned counsel for the petitioner submits that the appellate authority be directed to dispose of the appeal of the petitioner expeditiously.

Having regard to the facts and circumstances of the case, the present writ petition is disposed of with a direction to

Patna High Court CWJC No.8263 of 2019(2) dt.22-04-2019 3/3 the appellate authority to dispose of the appeal of the petitioner expeditiously, preferably within a period of four weeks from today.

The present writ petition stands disposed of on the aforesaid terms.

(Mohit Kumar Shah, J) rinkee/- U