Jai Ganesh Educational Foundation v. National Council For Teacher Education & ANR.

$~47 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 11514/2024 & CM APPL. 47786/2024 JAI GANESH EDUCATIONAL FOUNDATION .....Petitioner Through:

Mr. Sanjay Sharawat & Mr.

Ashok Kumar, Advocates, versus NATIONAL COUNCIL FOR TEACHER EDUCATION & ANR.

.....Respondents Through:

Mr. Akhilesh K. Srivastava, Standing Counsel with Mr.

Manoj Kumar, Advocate.

CORAM:

HON'BLE MS. JUSTICE SWARANA KANTA SHARMA

O R D E R

% 05.09.2024 1.

The present writ petition under Article 226 of the Constitution of India has been filed on behalf of the petitioner, seeking the following prayers:

"(a) Issue a writ of certiorari and quash the decision taken by the Respondent No.2 in its 405th [Emergent] Meeting held on 03.07.2024 by which recognition of the Petitioner for B.Ed course with an intake of 100 seats has been withdrawn ; and (b) Issue a writ of mandamus and direct the Respondent No.2 to issue an order of restoration of recognition of the Petitioner for B.Ed course clearly stating that the Petitioner is entitled to admit students for B.Ed course for academic session 202425 and for all subsequent academic sessions; and The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

(c) Issue a writ of mandamus and direct Respondent No.2 to reflect the status of the Petitioner as a recognized institution on its official website and to intimate the same to its affiliating University [Savitribai Phule Pune University] and to the "Education Secretary, [Higher Education] Govt of Maharashtra"

2.

In the present case, this Court notes that vide impugned order dated 03.07.2024, the recognition of the Petitioner Institute for B.Ed course with an intake of 100 seats has been withdrawn. In the said order, it has been observed that the Petitioner Institute had submitted, among other documents, a Building Plan and Building Completion Certificate, but the said documents were not found in accordance with the NCTE Regulation 2014. It has been further observed that the Building Plan had not been approved by the competent authority of State Government. Moreover, the Petitioner Institute had shifted to new premises/ building without prior approval of NCTE and the building safety certificate along with the fire safety certificate had not been submitted.

3.

Be that as it may, this Court notes that the petitioner herein has directly approached this Court, by way of present writ petition, without approaching the concerned Appellate Committee. 4.

Considering the same, this Court directs that the petitioner herein shall approach the Appellate Committee in this case, and the Appellate Committee, on receipt of such representation/ appeal, will decide the same within four weeks under intimation to the petitioner. 5.

In case of any grievance thereafter, the petitioner will be at liberty to approach this Court.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

6.

In view of the above, the present petition along with pending application stands disposed of.

7.

The order be uploaded on the website forthwith. SWARANA KANTA SHARMA, J SEPTEMBER 05, 2024/at The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.