High Court of DelhiW.P.(C)/19507/2025

Raja Foundation College Of Education v. National Council For Teacher Education & ANR.

2026-01-09Hon'Ble Mr. Justice Jasmeet Singh3 pages

$~55 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

Mr. Gaurav Arora, Adv.

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

Mr. Hardik Rupal, SC with Mr.

Mohinder Rupal, Ms. Aishwarya Malhotra, Advs.

CORAM:

HON'BLE MR. JUSTICE JASMEET SINGH

O R D E R

% 09.01.2026 CM APPL. 1357/2026

1. This is an application filed under Section 151 of CPC, 1908 seeking to direct the respondents to issue a restoration order in favour of the petitioner for 2025-26 and subsequent years enabling the petitioner to participate in the counselling process.

2. Mr. Arora, learned counsel for the petitioner, states that while passing the remand order dated 10.09.2020, the appellate authority did not quash the withdrawal order dated 17.01.2020. He further points out the order dated 08.05.2019 passed in W.P.(C) 4959/2019, and states that under similar circumstances, the Coordinate Bench of this court had set aside the withdrawal order. The said order reads as under: "1. By order dated 11th March, 2019, the Appellate Committee in The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

the National Council for Teachers Education (hereinafter referred to as "the NCTE"), remanded the case of the petitioner - which was earlier decided against it by withdrawal order, dated 25th September, 2018, passed by the Western Regional Committee (WRC) - for a reconsideration.

2. The only grievance of the petitioner, in this writ petition, is that while doing so, the Appellate Committee did not quash the withdrawal order dated 25th September, 2018, passed by the WRC.

3. It is axiomatic, in law, that quashing of the order in appeal has necessarily to precede remand of the matter to the original authority.

4. In view thereof, I deem it appropriate to dispose of this writ petition, at this stage itself, by clarifying that the order dated 11th March, 2019, passed by the Appellate Committee in the NCTE, would be treated as quashing the withdrawal order dated 25th September, 2018 of the WRC, and, consequently, remanding the matter to the WRC for a reconsideration.

5. It is also clarified that, should the petitioner be aggrieved by the decision to be taken by the WRC, consequent to the remand of the matter to it, by the Appellate Committee, its right to agitate, in accordance with law, would always be reserved."

3. Mr. Rupal, learned Standing Counsel appearing on behalf of the respondent No.1 submits that he has no objection in case a similar order is passed in the present petition.

4. In view of the above, it is clarified that the remand order dated 10.09.2020 would also be treated as quashing the withdrawal order dated 17.01.2020. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

5. Accordingly, the Southern Regional Committee ("SRC") is directed to pass the order of restoration in favour of the petitioner institution for recognition of the concerned course in accordance with law within a period of two weeks from today. The said order shall remain subject to further decision to be taken by the SRC.

6. A copy of the order of restoration of recognition of the petitioner institution for the concerned course will have to be communicated to all concerned. Once the order of restoration is passed, the petitioner institution would be entitled to participate in counseling and admission process for the Academic Year 2025-26 and subsequent years.

8. In view of the order in the above application, the present writ petition is disposed of.

9. The next date of hearing, i.e. 17.02.2026 stands cancelled. JASMEET SINGH, J JANUARY 9, 2026/DM The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.