Dropadi Devi Dharmada Trust (Regd) v. National Council For Teacher Education And ANR

$~10 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1132/2017 DROPADI DEVI DHARMADA TRUST (REGD) ..... Petitioner Through Ms.Manisha Singh, Adv.

versus NATIONAL COUNCIL FOR TEACHER EDUCATION AND ANR ..... Respondent Through Ms.Monika Arora, Adv.

CORAM:

HON'BLE MS. JUSTICE REKHA PALLI

O R D E R

% 23.02.2018 Vide the present petition, the petitioner has sought quashing of the orders dated 09.10.2015 and 02.12.2016 vide which the respondents have rejected the application of the petitioner seeking recognition to start Basic Training Course at Gorakhpur, U.P. on the ground that as per land documents submitted by the petitioner the land was not in the name of the society or the institute but was in the name of Shri. Sudhakar Prasad Ram Tiwary, which according to the respondents was not in consonance with the provision of the NCTE Regulations 2014.

Learned counsel for the petitioner submits that a Coordinate Bench of this Court has already held that in case the title documents are rectified even subsequently, the respondents ought to reconsider the matter by considering the rectified land documents and examine whether the same are in conformity with the requirements of the NCTE Regulations, 2014.

Learned counsel for the petitioner further submits that the

petitioner has already applied for issuance of the requisite documents in the name of the society and, therefore, submits that as soon as the said documents made available, the petitioner would provide a copy of the same to the respondents. She prays for a direction to the respondents to consider the application of the petitioner upon receipt of the rectified title documents in respect of the land. In view of the decision of this Court in W.P.(C) 3647/2015 titled Riya International College, the learned counsel for the respondent does not dispute the position, that upon submission of rectified title documents showing the Society as the owner of the land, the petitioner is entitled for a reconsideration of its application seeking recognition to start Basic Training Course at Gorakhpur, U.P.

The writ petition is, accordingly, allowed and orders dated 09.10.2015 and 02.12.2016 passed by the respondents are quashed. The respondents are directed that, upon the petitioner submitting the rectified land documents the respondents would reconsider the petitioner's application seeking recognition and in the event the rectified documents are found to be in consonance with the NCTE Regulation, 2014, the petitioner will be granted recognition for the academic year in question. Needless to state, the same would be subject to the petitioner meeting all other eligibility criteria. The writ petition is disposed of in the above terms.