Pajhrapara Satellite Teachers Training Institute v. National Council For Teacher Education & ANR

$~19 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 827/2018 PAJHRAPARA SATELLITE TEACHERS TRAINING INSTITUTE ..... Petitioner Through Mr.Ravi Kant, Adv. with Mr.Mayank Manish, Adv.

versus NATIONAL COUNCIL FOR TEACHER EDUCATION & ANR .... Respondents Through Ms.Monika Arora, Adv.

CORAM:

HON'BLE MS. JUSTICE REKHA PALLI

O R D E R

% 06.03.2018 Vide the present petition the petitioner has prayed for quashing of the order dated 2nd May, 2017 passed by respondent no.2 as also the order dated 13th December, 2017 passed by respondent no.1, as per which the request of the petitioner/Institute, for grant of formal recognition to start a B.Ed. Course, had been rejected on the ground that the petitioner/Institute had initially submitted a demand draft of only Rs.25,000/- against the prescribed requirement of depositing Rs.1,50,000/- alongwith the application seeking recognition. On 28th January, 2018, the parties were heard at some length and the learned counsel for the petitioner submitted that the petitioner/Institute had duly submitted the demand draft for the said requisite amount of Rs.1,50,000/- along with its reply dated

20.03.2017 to respondent no.2 and that the said amount was paid much before the rejection orders passed by respondent no.2. At that stage, Ms.Monika Arora, learned counsel for the respondent had prayed for time to get instructions/file a reply, if needed. Today, learned counsel for the respondents fairly submits that in view of the admitted position, that the petitioner had duly paid the requisite amount of Rs.1,50,000/- much before the rejection order was passed by respondent no.2, the delay on the part of the petitioner in depositing the requisite amount along with the application can at best be treated as a procedural irregularity. In view of the earlier decisions of this Court, the rejection of the petitioner's application for recognition on the ground of a procedural irregularity, cannot be sustained.

In view of the submissions made by learned counsel for the parties, the impugned order dated 2nd May, 2017 is set aside and the matter is remanded back to respondent no.2 with a direction to process the petitioner's application within four weeks subject to the petitioner meeting all the other prescribed criteria for recognition of the B.Ed. course.

The petition is disposed of in the above terms. REKHA PALLI, J MARCH 06, 2018/aa