C K Patel College Of Primary Teacher Education & ANR. v. National Council For Teacher Education & ANR.

$~119 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 13644/2025 & CM APPL. 55978/2025 C K PATEL COLLEGE OF PRIMARY TEACHER EDUCATION & ANR.

.....Petitioners Through:

Mr.

Amitesh Kumar, Ms.

Priti Kumari and Mr. Pankaj Kumar Ray, Advs.

Versus

NATIONAL COUNCIL FOR TEACHER EDUCATION & ANR. .....Respondents Through:

Mr. Mohinder J.S. Rupal, Mr. Hardik Rupal and Ms. Aishwarya Malhotra, Advs. for NCTE.

CORAM:

HON'BLE MR. JUSTICE VIKAS MAHAJAN

O R D E R

% 09.09.2025 1.

The present petition has been filed seeking following relief: "i. issue a writ of mandamus or any other suitable writ or order holding that the withdrawal order dated 08.01.2021 issued by WRC stands quashed/ annulled by the order dated 26.03.2021 passed by NCTE Appeal Committee; and/or ii. issue a writ of mandamus or any other suitable writ or order or direction to the Respondents to issue the order of restoration of recognition for PTC (D.El.Ed) Course with two basic units (100 seats); and/or iii. issue a writ of mandamus or any other suitable writ or order or direction to the Respondents to display the name of Petitioner institution in the list/ category of recognized institutions for conducting PTC (D.El.Ed) Course on their website along with The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

recognition/ restoration order for PTC (D.El.Ed) Course and to inform the Affiliating Body as well as Department of Higher Education, Government of Gujarat communicating the restoration order and recognition status of petitioner institution for conducting PTC (D.El.Ed) Course with two basic units (100 seats) enabling the petitioner to participate in the counselling & admission process for the academic year 2025-26 and for subsequent years." 2.

Mr. Amitesh Kumar, learned counsel for the petitioners submits that the withdrawal order dated 08.01.2021 passed by the respondent no.2/WRC was impugned by the petitioners by preferring an appeal before the Appeal Committee.

3.

The Appeal Committee vide its order dated 26.03.2021 remanded the matter to respondent no.2/WRC with a direction to the petitioners to send to the respondent no.2/WRC their reply to show cause notice dated 27.09.2020 and to take a fresh decision, however, no consequent order of quashing the withdrawal order dated 08.01.2021 was passed. 4.

Mr. Amitesh submits that the reply to the show cause notice dated 27.09.2021 was submitted by the petitioners within time. 5.

He submits that once the Appellate Committee had remanded the matter to the respondent no.2/WRC for a fresh decision, as a corollary of the same, the withdrawal order dated 08.01.2021 ought to have been quashed and set aside by the Appellate Authority.

6.

In support of his submission, Mr. Amitesh Kumar has placed his reliance on the decision of this Court in Arihant College & Anr., vs. National Council for Teacher Education & Anr., in W.P (C) 7260/2021 (Date of Decision: 30.07.2021), wherein under similar circumstances the Hon'ble Court had observed as under:- The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

"7. As several petitions for substantially similar relief are being filed in this Court, it is further directed that, whenever a withdrawal order is challenged by an institution (either by way of appeal or by way of writ proceedings) and the matter is remanded to the concerned regional committee, the regional committee will issue an order of restoration of recognition in favour of the institution, pending reconsideration of the withdrawal order. Although the Appellate Committee of the NCTE would be well advised to expressly quash the original order of the concerned regional committee while remanding the matter, the position in law is that the order automatically stands quashed.

The institution is, therefore, entitled to the benefits of recognition until a fresh withdrawal order is passed. The order of restoration of recognition should be issued within two weeks of the order of remand being communicated to the regional committee, or upon request of the concerned institution. This streamlined procedure would obviate the multiplicity of litigation which is being witnessed at present. Neither the concerned institutions nor the NCTE should be put to the burden of filing or defending proceedings before the Court for this purpose."

7.

In view of the above, the present petition is allowed and the order dated 08.01.2021 of the respondent no.2/WRC is quashed and set aside. 8.

The respondent no.2/WRC is directed to issue an order of restoration of recognition within a period of one week from today, which will govern the rights and contentions of the parties until and unless fresh withdrawal order is passed by the respondent no.2/WRC.

9.

The petitioners will be permitted to participate in the counselling and admit students for the academic session 2025-26 and also for subsequent years, until and unless a fresh withdrawal order is passed against it. 10.

The status of the petitioners as recognised institutions will also be reflected on the official website of respondents/NCTE and will be communicated by the NCTE to the petitioner affiliating body, as well as, to The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

the concerned department of the State Government. 11.

The present petition is disposed of in the above terms. VIKAS MAHAJAN, J SEPTEMBER 9, 2025/dss The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.