High Court of DelhiW.P.(C)/2055/2020

Krishna Gopal Shiksha Samiti & ANR v. National Council For Teacher Education & ANR

2020-02-24Hon'Ble Mr. Justice Rajiv Shakdher3 pages

Mr. Amitesh Kumar, Adv.

versus NATIONAL COUNCIL FOR TEACHER EDUCATION & ANR ..... Respondents Through :

Ms. Arunima Dwivedi, Standing Counsel with Ms. Niharika Rai and Ms. Ankita, Advs. for NCTE.

CORAM:

HON'BLE MR. JUSTICE RAJIV SHAKDHER

O R D E R

% 24.02.2020 CM No.7213/2020 1.

Allowed, subject to just exceptions.

Issue notice to the respondents.

Ms. Arunima Dwivedi accepts notice on behalf of the respondents. 4.

The grievance raised by the petitioners is that their application for grant of permission for running the subject course is not being dealt with by the respondents.

According to Mr. Amitesh Kumar, who appears on behalf of the petitioners, despite a remand order having been passed by the Appeal Committee of the NCTE as far back as on 07.06.2018, except for a show cause notice being issued in the 299th meeting by the Northern Regional Committee (NRC), which was held between 01.04.2019 and 05.04.2019 (qua which reply was filed by the petitioners), there has been no movement in the matter.

Mr. Amitesh Kumar says that after the 299th meeting of the NRC, the NRC has convened 14 meetings and in none of these meetings, the case of the petitioners has been considered.

This aspect of the matter is not disputed by Ms. Dwivedi i.e. that the petitioners' case had not been taken up in the meetings held by the NRC after the 299th meeting.

Given these circumstances, to my mind, the captioned matter can be disposed of at this stage itself with a direction to the concerned regional committee to adjudicate upon the show cause notice (since reply has already been filed by the petitioners) in consonance with the deadline fixed by the Supreme Court in Maa Vaishno Devi Mahila Maa Vidyalaya vs. State of Uttar Pradesh and Ors., 2013 (2) SCC 617.

It is submitted by Mr. Amitesh Kumar that the deadline qua academic session 2020-2021 expires on 03.03.2020.

9.1 This aspect is also not disputed by Ms. Dwivedi. 10.

I may also indicate that since the location of the petitioners is in Rajasthan, pursuant to the notification dated 27.01.2020 issued by the NCTE, the concerned regional committee which would have to deal with the

matter would, perhaps, be the Western Regional Committee (WRC). 11.

Accordingly, the captioned writ petition is disposed of with the following directions :

(i) The NRC/WRC will adjudicate upon the show cause notice issued to the petitioners.

(ii) The adjudication will be completed and an order will be passed on show cause notice issued to the petitioners at the next meeting of the WRC, which, I am told, is slated to commence from 25.02.2020. (iii) In case, the show cause notice issued to the petitioners has already been adjudicated upon, that order will be communicated to the petitioners within three days of the receipt of a copy of the order. 12.

Dasti under the signatures of the Court Master. RAJIV SHAKDHER, J FEBRUARY 24, 2020 aj