Daksh Educational Trust And ANR. v. National Council For Teacher Education And ANR.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 7526/2018 DAKSH EDUCATIONAL TRUST AND ANR.

..... Petitioners Through :

Mr. Amitesh Kumar, Ms. Binisa Mohanty, Ms. Priti Kumari, Advocates versus NATIONAL COUNCIL FOR TEACHER EDUCATION AND ANR. ..... Respondents Through :

Ms. Arunima Dwivedi, Standing Counsel with Ms. Preeti Kumra, Advocate for R-1 & 2.

CORAM:

HON'BLE MR. JUSTICE SIDDHARTH MRIDUL

O R D E R

% 23.07.2018 CM APPL. No. 28771/2018 (Exemption) Exemption granted subject to all just exceptions. The application is disposed of accordingly.

W.P.(C) 7526/2018 The present petition under Article 226 of the Constitution of India seeks a direction to the respondents to process the application of the petitioners without any reference to the subsequent ban imposed by the State of Rajasthan in relation to granting permission/recognition for running the D.El.Ed. course from the Academic Session 2019-20.

Issue notice.

Learned counsel appearing on behalf of the official respondents

accepts notice.

It is an admitted position that the application filed by the petitioners has been returned unactioned on behalf of the NCTE on the solitary ground of the ban so imposed by the State of Rajasthan for opening of new institutes.

Ms. Dwivedi, learned counsel appearing on behalf of the respondents fairly submits that they have taken a decision to process all applications which were submitted by the institutes before the imposition of the ban by the State Government. Ms. Dwivedi further submits that orders in his behalf have been rendered by this Court in relation to other institutes which were similarly situated.

In view of the foregoing, subject to the petitioners depositing Rs.75,000/- with the Delhi High Court Advocates' Welfare Trust, the writ petition is allowed. The respondents are directed to re-consider the petitioners'

application dated 27.12.2012, subject to the petitioners meeting all the other prescribed eligibility criteria and dispose of the same by passing a reasoned and speaking order within twelve weeks from today.

It is made clear that the petitioners'

application would not be rejected on the ground of the imposition of the ban by the State of Rajasthan for opening of such educational institutions.

The writ petition stands disposed of with the above directions. SIDDHARTH MRIDUL, J JULY 23, 2018 SRwt