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High Court of DelhiW.P.(C)/2049/2020

Shyam Girls College v. National Council For Teacher Education And ORS.

2020-02-25Hon'Ble Mr. Justice Rajiv Shakdher3 pages

$~41 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 2049/2020 SHYAM GIRLS COLLEGE ..... Petitioner Through Mr.

Sanjay Sharawat and Mr.

Divyank Rana, Advs.

versus NATIONAL COUNCIL FOR TEACHER EDUCATION AND ORS.

..... Respondents Through Ms. Arunima Dwivedi, Standing Counsel with Ms. Niharika Rai and Mrs. Ankita, Advs.

CORAM:

HON'BLE MR. JUSTICE RAJIV SHAKDHER

O R D E R

% 25.02.2020 1.

This matter had come up for hearing yesterday i.e. 24.2.2020 when notice was issued.

2.

On 24.2.2020, Ms. Dwivedi had accepted notice for respondents/NCTE.

3.

I had asked Ms. Dwivedi to revert with instructions as to whether the petitioner's case could be considered along with the case of its sister college which was listed before me yesterday i.e. 24.2.2020.

4.

To be noted, the case of the Petitioner's sister college was registered as W.P.(C) No.2044/2020. This writ petition was disposed of on 24.02.2020.

5.

The only difference between two cases is that the petitioner in

this case had filed a reply to the show cause notice on 2.12.2020 whereas in the other case the reply was filed on 3.6.2019. 6.

To be noted, the decision to issue a show cause notice was taken by the Northern Regional Committee (NRC) at its 301st meeting held between 9th and 11th May, 2019.

7.

The principal grievance of the petitioner, thus, is that the show cause notice has not been adjudicated upon up until now. 8.

The petitioner in this case and in the other case seeks grant of recognition qua B.Ed. course.

9.

Application in this behalf is filed by the petitioner on 31.5.2016.

10.

The Letter of Intent (in short 'LOI') was issued on 15.6.2017. Concededly, the petitioner did not comply with the requirements of the LOI.

11.

This resulted in NRC rejecting the petitioner's application vide order dated 3.7.2018.

12.

Being aggrieved, the petitioner filed an appeal with the Appeal Committee of the NCT.

13.

The Appeal Committee vide order dated 27.3.2019 remanded the matter to the NRC.

14.

It is, in this backdrop, that the NRC took a decision to issue a show case notice to the Petitioner in its 301st meeting, to which, I had made a reference above.

15.

Thus, the petitioner is aggrieved by the fact that there has been no movement in the matter.

16.

I may also note that NCTE has issued a gazette notification on

27.1.2020 whereby jurisdiction qua the petitioner's case will, perhaps, now lie with the Western Regional Committee (in short 'WRC'). 17.

At this juncture, the limited plea of the petitioner is that the concerned regional committee should consider its case in its ensuing meeting which commenced on 25.2.2020.

18.

I am informed that these meetings are likely to go on for next couple of days.

19.

Given the foregoing, the petition is disposed of with the direction to the concerned regional committee i.e. NRC/WRC to dispose of the pending show cause notice in the meeting which is ongoing.

20.

The concerned regional committee will bear in mind the cut-off date fixed by the Supreme Court for academic session 2020-21, which is, 3.3.2020.

21.

Dasti under the signatures of the Court Master. RAJIV SHAKDHER, J FEBRUARY 25, 2020 rb