Satyam Institute Of Education & Technology v. National Council For Teacher Education & ANR

$~49 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1898/2018 & C.M. No.7872/2018 SATYAM INSTITUTE OF EDUCATION & TECHNOLOGY ..... Petitioner Through Mr.Sanjay Sherawat, Adv.

versus NATIONAL COUNCIL FOR TEACHER EDUCATION & ANR ..... Respondents 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/Institute has prayed for quashing of order dated 1st January, 2018 passed by respondent no.2 whereby the recognition granted to the petitioner for D.El.Ed. course, has been withdrawn.

After some arguments, learned counsel for the petitioner concedes that there is an alternate remedy available to the petitioner to file an appeal under Section 18 of the NCTE Act, 1993. He submits that the impugned order is based on a premise that the Building Completion Certificates dated 21st July, 2008 and 22nd April, 2009 submitted by the petitioner for grant of recognition, which presumption is factually incorrect as the petitioner/institute had purchased the two plots of lands only on 26th December, 2012 and 22nd February 2013 respectively and had thereafter constructed the building. He, therefore, contends that Building Completion Certificates referred to in the impugned order, do not at all pertain to the petitioner/Institute.

He, however, submits that though the petitioner would be willing to exercise the remedy of filing an appeal, his only concern is that due to the impugned order of derecognition of D.El.Ed, there is already grave panic amongst the students and the faculty of the institution and any delay on the part of the respondents in deciding the appeal would cause damage to the reputation of institute. He, therefore, submits that once the petitioner files its appeal, the respondents may be directed to decide the same expeditiously. The said request of the petitioner is not opposed by learned counsel for the respondents.

Accordingly, the present writ petition is disposed of, with liberty to the petitioner to file a statutory appeal to respondent no.1 within ten days from today. It is directed that in case the petitioner makes an appeal within ten days, the same would be decided by the respondents, within two weeks thereafter, by passing a reasoned and speaking order dealing with all the contentions raised by the petitioner.

The petition and application are disposed of in the aforesaid terms.

Needless to say, if the petitioner is still aggrieved, it would be open for the petitioner to take legal recourse on all available grounds including the grounds taken in the present writ petition. Dasti.

FEBRUARY 27, 2018/aa REKHA PALLI, J