High Court of DelhiW.P.(C)/1889/2018

The Ideal Teacher Training Academy v. National Council For Teacher Education And ANR.

2018-02-27Hon'Ble Ms. Justice Rekha Palli2 pages

$~43 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1889/2018 THE IDEAL TEACHER TRAINING ACADEMY ..... Petitioner Through Mr.Ravi Kant with Mr.Mayank Manish, Advs.

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

% 27.02.2018 Vide the present petition, the petitioner has prayed for quashing and setting aside the decision taken by respondent no.2 in its 249th meeting held on 06-07th February, 2018.

Learned counsel for the petitioner submits that the respondent no.2 has rejected the case of the petitioner on a wholly erroneous ground by holding that the total built up area of the petitioner/institute is only 1530 sq. meter as per the Building Completion Certificate which is less than the area of 2000 sq meter prescribed as per NCTE Regulations 2014.

Learned counsel for the petitioner further submits that the petitioner/institute has an area of more than 2000 sq. meter, he

however concedes that an alternate remedy of appeal under section 18 of the NCTE Act is available against the impugned decision taken by respondent no.2, which the petitioner has not exhausted. He, however, submits that keeping in view the urgency in the matter and the fact that the petitioner/institute has been denied recognition on one ground or the other for the last two years, respondents may be directed to decide the petitioner's appeal in an expeditious manner. Accordingly, the petitioner is granted liberty to file an appeal against the decision of the respondent no.2 taken on 06-07th February, 2018 within two days. In case an appeal is filed by the petitioner, the respondents are directed to take a considered decision on the same within four weeks by passing a reasoned and speaking order. Needless to say that while considering the appeal of the petitioner, the respondents will also take into consideration the averments made by learned counsel for the petitioner as recorded in the present petition.

In case the petitioner is aggrieved by any decision taken by the respondents, it will be open to the petitioner to take legal recourse as per law.

The petition is disposed of in the aforesaid terms. REKHA PALLI, J FEBRUARY 27, 2018 sr