Ch. Deep Chand College Of Education v. National Council For Teacher Education And ANR.

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 2395/2018 CH. DEEP CHAND COLLEGE OF EDUCATION ..... Petitioner Through Mr.Sanjay Sherawat, Adv.

versus NATIONAL COUNCIL FOR TEACHER EDUCATION AND ANR.

..... Respondent Through Ms.Monika Arora, Adv. for R-1 & 2.

CORAM:

HON'BLE MS. JUSTICE REKHA PALLI

O R D E R

% 21.03.2018 Vide the present petition, the petitioner/Institute has impugned the order dated 10th June, 2015, passed by respondent no.2 whereby the petitioner/Institute's application seeking grant of recognition for D.El.Ed course had been rejected on the ground that the land on which petitioner/Institute is established, was found to be on private lease. The petitioner/Institute's application was also rejected on the ground that there was a ban by the State of Haryana, from opening of new Institutes of D.El.Ed Course. Learned counsel for the petitioner/Institute submits that the petitioner/Institute has rectified the said deficiency and now the land stands transferred in the name of the petitioner/Institute itself and, therefore, prays that the respondents ought to be directed to re-consider its application. Learned counsel for the petitioner submits that a Coordinate

Bench of this Court has already held that in case the title documents are rectified even subsequently, the respondents ought to reconsider the matter by considering the rectified land documents and examine whether the same are in conformity with the requirements of the NCTE Regulations, 2014.

In view of the decision of this Court in W.P.(C) 3647/2015 titled Riya International College vs. NCTE & Ors., the learned counsel for the respondents, does not dispute the position that upon submission of rectified title documents showing the petitioner/Institute as the owner of the land, the petitioner/Institute is entitled for a reconsideration of its application seeking recognition to start D.El.Ed. Course.

Subject to the petitioner/Institute's depositing Rs.20,000/- with Delhi High Court Staff Welfare Fund, the writ petition is allowed and the order dated 10th June, 2015 passed by respondent no.2 is set aside. Upon the petitioner supplying to the respondent no.2 within a period of two weeks, the registered title documents showing the ownership of the petitioner/Institute, the respondent no.2 would re-consider the petitioner's application seeking recognition by ignoring the ban imposed by the Government of Haryana, on opening of such educational institutes in the State. In the event, the fresh documents supplied by the petitioner/Institute are found to be in consonance with the NCTE Regulations 2014 and subject to the petitioner meeting other eligibility criteria, the respondents would within 12 weeks grant a recognition to the petitioner/Institute for conducting D.El.Ed Course in the next academic session.

The writ petition is disposed of in the aforesaid terms. REKHA PALLI, J MARCH 21, 2018/aa