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High Court of DelhiW.P.(C)/2134/2018

Tau Devi Lal Mamorial College Of Education v. National Council For Teacher Education And ORS.

2018-03-07Hon'Ble Ms. Justice Rekha Palli2 pages

$~39 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 2134/2018 TAU DEVI LAL MAMORIAL COLLEGE OF EDUCATION ..... Petitioner Through:

Mr.Sanjay Sharawat, Adv.

versus NATIONAL COUNCIL FOR TEACHER EDUCATION AND ORS. ..... Respondents Through:

Ms.Monika Arora, Adv.

CORAM:

HON'BLE MS. JUSTICE REKHA PALLI

O R D E R

% 07.03.2018 Vide the present petition, the petitioner-Institute has prayed for quashing of order dated 27.09.2016 passed by respondent No.2 whereby the petitioner's application was rejected on the ground that the State of Haryana had written a letter dated 12.03.2016 requesting the respondents not to entertain applications of colleges in Haryana seeking recognition for B.A.B.Ed./B.Sc.B.Ed. course and opening of new B.Ed. colleges in the State of Haryana.

Learned counsel for the petitioner submits that in view of the admitted position that the petitioner-Institute had submitted its application on 27.06.2015 i.e. prior to imposition of ban by Government of Haryana and the subsequent decision of the respondents to process applications from Institutes, submitted before

the imposition of the State ban, the impugned order is liable to be set aside.

Mr.Sharawat, learned counsel for the petitioner also place reliance on a decision dated 23.02.2018 passed by this Court in W.P.(C) No.620/2018.

Issue notice. Ms.Monika Arora, Advocate accepts notice for the respondents and fairly does not oppose the petition. In view of the aforesaid admitted position, the impugned order dated 27.09.2016 is set aside and the matter is remanded back to respondent No.2 for reconsideration. Subject to the petitioner meeting other eligibility criteria, the respondent No.2 is directed to process the application of the petitioner within six weeks, by ignoring the fact that there was a ban by State of Haryana for opening of new colleges. Needless to say that the present order has been passed without prejudice to the rights and contentions of both the parties. In case, the petitioner is still aggrieved by any order passed by the respondents, it will be entitled to take legal recourse as permissible under law.

The petition is disposed of in the above terms. REKHA PALLI, J MARCH 07, 2018 gm