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High Court of DelhiW.P.(C)/7714/2018

Maa Kaila Devi College Of Education And ANR. v. National Council For Teacher Education And ORS.

2020-02-18Hon'Ble Mr. Justice Rajiv Shakdher3 pages

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 7714/2018 & CM APPL. 29535/2018 MAA KAILA DEVI COLLEGE OF EDUCATION AND ANR.

..... Petitioners Through:

Mr. Jasbir Singh Malik with Mr. Manish Kumar Tirthpuria, Advocates.

versus NATIONAL COUNCIL FOR TEACHER EDUCATION AND ORS.

..... Respondents Through:

Ms. Arunima Dwivedi, Standing counsel with Ms. Niharika Rai and Ms. Ankita, Advocates.

CORAM:

HON'BLE MR. JUSTICE RAJIV SHAKDHER

O R D E R

% 18.02.2020 1.

Via this writ petition, challenge is laid to the order dated 08.01.2018 passed by the Western Regional Committee (in short "WRC") and the order in appeal dated 05.06.2018 passed by the Appeal Committee of the NCTE.

2.

The WRC vide its order dated 08.01.2018 withdrew recognition qua the petitioner institute which was running a B.ED course with intake of 100 students for academic session 2018-19 for the following reasons:-

(i) Approved staff list had not been submitted.

(ii) Building Completion certificate (in short "BCC") had not been submitted in the prescribed format.

(iii) FDRs amounting to Rs. 12,00,000/- had not been submitted in the joint name of petitioner no. 1 and NCTE.

3.

Being aggrieved, the petitioner filed an appeal. 4.

The Appeal Committee sustained the order of the WRC on two out of three grounds, which are:- (i) List of approved staff faculty had not been provided. (ii) FDR in the sum of Rs. 12,00,000/- had not been submitted in the joint name of petitioner no. 1 and NCTE.

4.1 Insofar as the objection qua the BCC was concerned, since the deficiency qua the same was cured, the BCC was accepted. 5.

Learned counsel for the petitioner says that the approved list of faculty is, now, available and as regards objection qua the FDR is concerned the same can be obtained in the joint name of petitioner no. 1 and NCTE and can be produced before the WRC. 6.

Given the foregoing, the writ petition is disposed of with a direction to the petitioner to make a representation to the WRC placing on record the approved faculty list and FDR in the joint name of petitioner no. 1 and the NCTE.

6.1 Upon the representation being made, the WRC will deliberate upon the same and pass a speaking order.

6.2 While considering the representation, the WRC will not get burdened and/or influenced by its earlier order as also the order of the

Appeal Committee, to which, I have made a reference hereinabove. 7.

The WRC will carry out the aforementioned exercise at the earliest, though, not later than eight weeks from the date of receipt of the copy of the order passed today.

RAJIV SHAKDHER, J FEBRUARY 18, 2020 c