Ramdev Janta Vidyalaya (Samiti) & ANR v. National Council For Teacher Education & ANR
$~45 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RAMDEV JANTA VIDYALAYA (SAMITI) & ANR..... Petitioners Through:
Mr. Amitesh Kumar with Ms. Binisa Mohanty and Ms. Priti Kumari, Advocates.
versus NATIONAL COUNCIL FOR TEACHER EDUCATION & ANR ..... Respondents Through:
Ms. Arunima Dwivedi, Standing counsel with Ms. Ankita, Advocate.
CORAM:
HON'BLE MR. JUSTICE RAJIV SHAKDHER
O R D E R
% 28.02.2020 CM APPL. 8007/2020 (Exemption) 1.
Allowed, subject to just exceptions.
2.
Issue notice to the respondents.
3.
Ms. Arunima Dwivedi accepts notice on behalf of the respondents. 4.
With the consent of counsel for the parties, the writ petition is taken up for hearing and final disposal.
5.
It is not disputed by Ms. Dwivedi that the issue raised in the captioned petition is covered by the judgment of this Court dated 19.02.2020, passed in
W.P.(C) 1916/2020, titled Shaheed Pramod Technical Education and Development Trust and Anr vs National Council for Teacher Education and Anr.
6.
The principal grievance of the petitioners is that its application for four year integrated teacher education programme concerning the [PrePrimary to Primary (Arts Stream) for intake of 100 students (2 units) and Upper Primary to Secondary (Science Stream) with an intake of 100 students (2 units)] was rejected solely on the ground that the said applications were not submitted within the timelimit prescribed in Regulation 7(2)(b) of the National Council for Teacher Education (Recognition Norms & Procedure) Regulations, 2014 (in short "2014 Regulations").
7.
Mr. Amitesh Kumar, who, appears on behalf of the petitioners has drawn my attention to page 105 of the paper book wherein the online application is appended.
8.
A perusal of the same shows that the online application is dated 23.07.2019.
9.
Furthermore, Mr. Amitesh Kumar has also drawn my attention to page 123 of the paper book to establish the fact that hard copy of the online application along with relevant documents was despatched as an enclosure to letter dated 31.07.2019.
10.
It is also the contention of Mr. Amitesh Kumar that since the Northern Regional Committee (in short "NRC") could not trace the petitioner's application submitted with a letter dated 31.07.2019 another set was
furnished on 13.08.2019. The letter dated 13.08.2019 is appended on page 122 of the paper book.
10.1 In this behalf, my attention has been drawn to NRC's seal on the said letter of the same date i.e. 13.08.2019.
11.
Given these dates and events, to my mind, the prayer made in the writ petition would have to be allowed, as this case falls squarely within the ratio of the aforementioned judgment i.e. the judgment rendered in the Shaheed Pramod Technical Education and Development Trust case. 12.
Accordingly, the impugned decision taken by the NRC in its 311th meeting held between 16.01.2020 and 17.01.2020, insofar as it concerns the petitioner, is set aside.
13.
The NRC is directed to consider the petitioner's application and pass an appropriate order as per law.
14.
The NRC will process the petitioner's application at the earliest though not later than 15.04.2020.
15.
The writ petition is disposed of in the aforesaid terms. 16.
Dasti under signatures of the Court Master.
RAJIV SHAKDHER, J FEBRUARY 28, 2020 c