Rajasthan Delhi Education Society And ANR. v. National Council For Teacher Education And ANR.

$~17 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RAJASTHAN DELHI EDUCATION SOCIETY AND ANR.

..... Petitioners Through :

Mr. Amitesh Kumar, Ms. Binisa Mohanty and Ms. Priti Kumari, Advs.

versus NATIONAL COUNCIL FOR TEACHER EDUCATION AND ANR.

..... Respondents Through :

Mr. Karan Sharma, Adv. for Mr.

Mohit Siwach, Adv.

CORAM:

HON'BLE MR. JUSTICE RAJIV SHAKDHER

O R D E R

% 12.02.2020 1.

The substantive prayer made in the petition is as follows: "a) issue a writ of mandamus or any other suitable writ, order or direction directing the respondents to process the petitioner's application for grant of final recognition of D.EI.Ed. course (Addl.) for two units (100 seats) under clause 7 (16) of NCTE Regulations, 2014 in time bound manner as per schedule fixed by Hon'ble Supreme Court of India;"

2.

Notice in this writ petition was issued on 11.12.2019, when Ms. Dwivedi appeared for respondents.

3.

The respondents were directed to file a counter-affidavit within a week from today. Since then, despite opportunity, no counteraffidavit has been filed. 1/3

4.

Mr. Amitesh Kumar, who appears for the petitioners, says that this is the second round of litigation for the petitioners who approached this Court in the first instance via W.P.(C) No.7593/2018, when the said writ petition was disposed of on 23.7.2018 with a direction that the respondents will process the petitioners' application for D.El.ED course within a period of twelve (12) weeks from that date.

5.

The operative directions which are contained in the order dated 23.7.2018 reads as follows:

"The respondents are directed to re-consider the petitioners' application dated 28.12.2012, subject to the petitioners meeting all the other prescribed eligibility criteria and dispose of the same by passing a reasoned and speaking order within twelve weeks from today." 6.

Mr. Amitesh Kumar says that, since then, there has been no movement in the matter.

7.

In my view, prima facie, this is a case for contempt as no plausible reason has been given as to why direction of this Court has not been complied with.

8.

However, one last opportunity is given to the respondents to comply with the directions of this Court given in the order dated 23.7.2018 passed in W.P.(C) No.7593/2018.

9.

Respondents will act with due expedition and process the application before the cut-off date for academic session 2020-2021 i.e. 3.3.2020.

10.

At this stage, Mr. Amitesh Kumar says that since the petitioner 2/3

no.2/Institute is located in Rajasthan, the concerned regional committee and pursuant to the Gazette Notification dated 27.1.2020 would be the Western Regional Committee (hereinafter referred to as 'WRC').

11.

This aspect will be borne in mind by the respondents and, if necessary, requisite steps will be taken to transfer the petitioners' application to WRC well within time so that the time frame given above is not breached.

RAJIV SHAKDHER, J FEBRUARY 12, 2020 rb 3/3