M. H. Memorial Degree College v. National Council For Teacher Education And ANR.

$~1 to 9, 12 to 22, 24 to 32 & 34 to 42 * IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(C) 12307/2019 SHRI VINAYAK MAHAVIDYALAY W.P.(C) 12308/2019 SHRI RAM JANKI SHIKSHAN PRASHIKSHAN MAHILA MAHAVIDYALAY W.P.(C) 12319/2019 GRAMODAYA MAHAVIDYALAY W.P.(C) 12322/2019 PRABHA DEVI BHAGWATI PRASAD MAHAVIDYALAY W.P.(C) 12339/2019 JEET BAHADUR SINGH MAHAVIDYALAY W.P.(C) 12340/2019 SWAMI VIVEKANAND SHIKSHAN SANSTHAN MAHAVIDYALAY W.P.(C) 12344/2019 GAYA PRASAD PANDEY W.P.(C) 12345/2019 PRABHA DEVI SNATKOTTAR MAHAVIDYALAY W.P.(C) 13069/2019 MAHARAJA AGRASEN COLLEGE OF EDUCATION AND MANAGEMENT AND ANR.

W.P.(C) 10683/2019 BRAJKISHOR NIRMALA DEVI VAHAVIDYALAYA W.P.(C) 9465/2019 DR. BHIM RAO AMBEDKAR MAHAVIDALAYA W.P.(C) 9467/2019 SHIVAJI VIDYAPEETH MAHAVIDYALAYA W.P.(C) 9470/2019 SHIVAM AGARWAL MEMORIAL DEGREE COLLEGE W.P.(C) 9833/2019 SIRUGUPPA EDUCATION SOCIETY W.P.(C) 8801/2019 MAHARSHI SHIKSHAN EVAM PRASHIKSHAN SANSTHAN W.P.(C) 8803/2019 SHRI THAKUR JI RAMLAKSHMAN JANKI MAHILA

MAHAVIDYALAYA W.P.(C) 8806/2019 SONE LAL MEMORIAL MAHAVIDYALAYA W.P.(C) 8816/2019 MAA PRABHAVATI BALIKA MAHAVIDYALAYA W.P.(C) 8819/2019 NIRMAL MULCHANI EDUCATIONAL SHIKSHA EVAM PRASHIKSHAN SANSTHAN MAHILA VIDYALAYA W.P.(C) 8888/2019 KAMAKHYA MAHILA MAHAVIDYALAYA W.P.(C) 8897/2019 MATA SITABI SHIKSHAN SANSTHAN W.P.(C) 8954/2019 SONELAL SUSHILA DEVI MAHAVIDYALAYA W.P.(C) 8961/2019 K M COLLEGE OF EDUCATION W.P.(C) 9433/2019 L.R.L SHIKSHAN EVAM SAMAJIK SEWA SAMITI AND ANR. W.P.(C) 10583/2019 CAPTAIN VISHAL SINGH DEGREE COLLEGE W.P.(C) 10584/2019 RADHAKRISHAN INSTITUTE OF TECHNOLOGY AND MANAGEMENT W.P.(C) 10666/2019 SREENATH ALAKNANDA MAHAVIDYALAYA W.P.(C) 10679/2019 JAIPRAKASH MAHAVIDYALAYA W.P.(C) 10680/2019 SRI DURGA JI GIRLS DEGREE COLLEGE W.P.(C) 10931/2019 M. H. MEMORIAL DEGREE COLLEGE W.P.(C) 10932/2019 SHRI PARAMANAND MANORAMA DEVI MAHILA MAHAVIDYALAYA W.P.(C) 10933/2019 SMT. BHANUWATI DEVI EDUCATIONAL SOCIETY

W.P.(C) 10934/2019 PT. SHRIKRISHNA UPADYAYAY MAHILA MAHAVIDYALAYA W.P.(C) 10936/2019 SUNSHINE SHEKSHIK VIKAS SANSTHAN W.P.(C) 10959/2019 ROSHAN SINGH BADAN SINGH GAYATRI MAHAVIDYALAYA W.P.(C) 11004/2019 GYAN MAHAVIDYALAYA W.P.(C) 11041/2019 SRI KASHINATH MAHVIDYALAYA W.P.(C) 11075/2019 RAM CHANDRA MANISH KUMAR MAHAVIDYALAYA ..... Petitioners Through Mr. Mayank Manish and Mr. Ravi Kant, Advs for the petitioners except in W.P.

(C) No.12307/2019 & W.P.(C) No.9433/2019.

Mr. Amitesh Kumar, Adv. for the petitioners in W.P.

(C) No.12307/2019 & W.P.(C) No.9433/2019 versus NATIONAL COUNCIL FOR TEACHER EDUCATION AND ANR. ..... Respondents Through Ms. Arunima Dwivedi, SC with Ms.

Niharika Rai, Mr. Shivam Singh and Mr. Jaideep Khanna, Advs.

CORAM:

HON'BLE MR. JUSTICE RAJIV SHAKDHER

O R D E R

% 08.01.2020 It is the contention of Mr. Amitesh Kumar that for one reason or the other, the respondents are not complying with the directions issued by this Court on 30.09.2019.

To be noted, pursuant to the last order i.e. order dated 18.12.2019, an affidavit has been filed on behalf of the respondents. Via this affidavit, the matters have been classified into four categories.

I have examined the affidavit and the chart appended thereto. The affidavit does not adhere to the operative directions issued by this Court on 30.09.2019. The operative directions are contained in paragraphs 12 to 12.4 of the order dated 30.09.2019. For the sake of convenience, the said directions are extracted hereafter:

"12. Given these facts and figures and also the fact that there is, perhaps, scope for accepting the fee beyond 31 July 2019 albeit with late payment charges, NCTE will consider the applications filed by the aforementioned petitioners as well.

12.1 The applications will be examined from the point of view of meeting the eligibility criteria.

12.2 The information concerning applications which meet the eligibility criteria will be placed before the Court on the next date of hearing.

12.3 In case the only impediment in processing of application(s) qua the aforementioned programme is delay in the payment fee or refund of fee which was paid to NCTE that aspect will also be brought to fore. 12.4 In the event, NCTE finds difficulty in downloading the documents (even though I am informed by Mr. Kumar, Regional Director, NRC that since the password is available it would be possible to obtain soft copies), it would be at liberty to seek hard copies of the applications and missing documents, if any, from the petitioners." It was put to Ms. Dwivedi as to why the directions issued on 30.09.2019 had not been complied with. Ms. Dwivedi says that the

sum and substance of what is stated in the affidavit dated 06.01.2020 filed on behalf of the respondents is that except for the two writ petitions i.e. W.P.(C) No.12626/2019 and W.P. (C) No.10930/2019, all other applications filed by the petitioners who are before the Court will be processed in accordance with the extant provisions of law. It is Ms. Dwivedi's contention that, therefore, except for the aforementioned two writ petitions i.e. W.P.(C) No.12626/2019 and W.P. (C) No.10930/2019, this Court can dispose of all the writ petitions with the direction that the applications of other petitioners would be processed, and if, there are any deficiencies, either with regard to documents or payment of fee, the same shall be communicated via a written notice, and upon the deficiency being cured, the applications will be accepted subject to verification of the aspects adverted to in the documents.

Ms. Dwivedi also says that those applications which are facially in order and are accompanied by requisite payments i.e. there are no deficiencies, they shall also be processed in accordance with the extant provisions of law subject to verification of credentials. To be noted, out of the two writ petitions qua which a red flag has been raised by the respondents, only one writ petition is on my board today which is W.P. (C) No.10930/2019. This writ petition is listed as item No. 33 today.

Insofar as the other writ petition i.e. W.P. (C) No.12626/2019 is concerned, I am informed that the same is listed before this Court on

25.02.2020.

9.1 Besides these two matters, Ms. Dwivedi says that W.P. (C) No. 9229/2019 & W.P. (C) No.8889/2019 need to be kept back as applications filed by these petitioners have not been examined by the NCTE on account of the fact that these applications were not available in the main database of the NCTE.

Accordingly, based on the statement made by Ms. Dwivedi, all writ petitions on my board except the following writ petitions i.e. W.P. (C) No.9229/2019, W.P. (C) No.8889/2019 & W.P. (C) No.10930/2019 are disposed of. In respect of these writ petitions i.e. those which are disposed of, as indicated by Ms. Dwivedi, the applications preferred by the concerned petitioners shall be processed. The deficiency, if any, found qua documents or submission of fee, will be notified to the concerned petitioner(s) separately. This exercise will be completed within two weeks from today. The petitioner(s) will cure the deficiency within one week from the date of receipt of the notice.

Needless to add, since the cut-off date is 03.03.2020, the respondents will ensure that a final decision is taken on merits, at least, 10 days before the cut-off date.

Dasti under signatures of the Court Master.

RAJIV SHAKDHER, J JANUARY 08, 2020