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High Court of DelhiW.P.(C)/10400/2025

Shri Sharda Gram College Of Education v. National Council For Teacher Education & ANR.

2025-07-22Hon'Ble Mr. Justice Vikas Mahajan3 pages

$~110 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 10400/2025 SHRI SHARDA GRAM COLLEGE OF EDUCATION.....Petitioner Through:

Mr. Gaurav Arora, Adv.

versus NATIONAL COUNCIL FOR TEACHER EDUCATION & ANR.

.....Respondents Through:

Ms. Renu Gupta and Ms. Carina Arora, Advs.

CORAM:

HON'BLE MR. JUSTICE VIKAS MAHAJAN

O R D E R

% 22.07.2025 CM APPL. 43238/2025 (exemption) 1.

Allowed, subject to all just exceptions.

2.

The application stands disposed of.

W.P.(C) 10400/2025 3.

The present petition has been filed by petitioner seeking following reliefs:

"[a] issue a writ of mandamus and direct the Respondent No. 2 to forthwith pass an order of restoration of recognition of the petitioner for B.Ed course and reflect the status of the petitioner as a recognized institution on its official website in compliance of orders dated 08.04.21 & 30.07.21 passed by this Hon'ble Court in W.P (C) nos. 4382/21 & 7260/21 respectively; and [b] Issue a writ of mandamus and direct the Respondent No.2 to send copy of such restoration order to the affiliating university of the petitioner namely "Saurashtra University" and permit the petitioner to take part in counseling for academic session 202526 & subsequent years" 4.

The grievance articulated by petitioner in the present petition is that The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

while passing remand order dated 15.12.2020, the Appellate Authority did not quash withdrawal order dated 18.08.2017 passed by Western Regional Committee (WRC) 5.

Mr. Gaurav Arora, learned counsel appearing on behalf of petitioner invites attention of Court to order dated 08.05.2019 passed in W.P.(C) 4959/2019 titled HICT Shiksha Mahavidyalaya v. NCTE to contend that under similar circumstances, the Coordinate Bench of this court had set aside the withdrawal order. The said order reads thus: "1. By order dated 11th March, 2019, the Appellate Committee in the National Council for Teachers Education (hereinafter referred to as "the NCTE"), remanded the case of the petitioner - which was earlier decided against it by withdrawal order, dated 25th September, 2018, passed by the Western Regional Committee (WRC) - for a reconsideration.

2. The only grievance of the petitioner, in this writ petition, is that while doing so, the Appellate Committee did not quash the withdrawal order dated 25th September, 2018, passed by the WRC.

3. It is axiomatic, in law, that quashing of the order in appeal has necessarily to precede remand of the matter to the original authority.

4. In view thereof, I deem it appropriate to dispose of this writ petition, at this stage itself, by clarifying that the order dated 11th March, 2019, passed by the Appellate Committee in the NCTE, would be treated as quashing the withdrawal order dated 25th September, 2018 of the WRC, and, consequently, remanding the matter to the WRC for a reconsideration.

5. It is also clarified that, should the petitioner be aggrieved by the decision to be taken by the WRC, consequent to the remand of the matter to it, by the Appellate Committee, its right to agitate, in accordance with law, would always be reserved." 6.

Ms.

Renu Gupta, learned counsel appearing on behalf of respondent/NCTE submits that she has no objection in case a similar order is The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

passed in the present petition. However, she points out that the appellate committee had also directed petitioner herein to forward to WRC the staff list and completion certificate with originals thereof within a period of 15 days from the issue of orders in appeal but the said direction has not been complied with by petitioner.

7.

On the other hand, Mr. Arora submits that said direction has been complied with, however, he will supply the said documents once again within a period of one week from today.

8.

Let needful be done, as undertaken.

9.

In view of the above, it is clarified that remand order dated 15.12.2020 passed by the Appellate Committee will also be read as quashing the withdrawal order dated 18.08.2017 passed by WRC. 10.

Accordingly, the WRC is directed to pass the order of restoration in favour of petitioner institution for recognition of the concerned course in accordance with law within a period of 10 days from today. The said order shall remain subject to further decision to be taken by WRC. 11.

A copy of the order of restoration of recognition of petitioner institution for the concerned course shall be communicated by the respondents to all concerned. Once the order of restoration is passed, the petitioner institution shall be entitled to participate in counselling and admission process for the Academic Year 2025-26 and subsequent academic sessions. The WRC is directed to update its website accordingly. 12.

The writ petition is disposed of in aforesaid terms. VIKAS MAHAJAN, J JULY 22, 2025/aj The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.