High Court of DelhiW.P.(C)/7597/2016

Midnapore Institute Of Education v. National Council For Teacher Education And ANR

2018-02-23Hon'Ble Mr. Justice Siddharth Mridul,Hon'Ble Ms. Justice Deepa Sharma2 pages

$~51 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 7597/2016 MIDNAPORE INSTITUTE OF EDUCATION ..... Petitioner Through Mr.Ravi Kant, Adv.

versus NATIONAL COUNCIL FOR TEACHER EDUCATION AND ANR ..... Respondent Through Ms.Arunima Dwivedi, Adv.

CORAM:

HON'BLE MS. JUSTICE REKHA PALLI

O R D E R

% 23.02.2018 Vide the present petition, the petitioner has prayed for quashing of orders dated 22.07.2016 passed by respondent no.2, whereby the petitioner's application for grant of recognition for conducting D.El.Ed. Course, was rejected on the ground that the hardcopy of the application was submitted beyond the stipulated period in the regulations.

Learned counsel for the petitioner submits that the said matter is covered by an earlier decision dated 23.05.2016 of this Court in W.P.(C)No.4667/2016 wherein in similar circumstances, the respondents were directed to-reconsider the application of petitioner by holding that the non-filing of a hard copy is at the highest a procedural irregularity on which ground the petitioner's application for recognition could not have been rejected. Ms. Arunima Dwivedi, learned counsel for the respondents submits that the action of the petitioner in not submitting the hard

copy fo the application within the stipulated time was in breach of Clause 7(2)(b) of NCTE Regulations, 2014 . She however does not dispute the fact that the present case is squarely covered by the decision of this Court in W.P.(C)No.4667/2016. Having heard learned counsels for the parties I am of the considered view that the petition is liable to succeed. The writ petition is allowed and the impugned orders dated 22.07.2016 passed by respondent no.2 is set aside. Subject to the petitioner meeting all other prescribed criteria, the respondents are directed to process the petitioner's application for recognition for the D.El.Ed. course for the academic year 2018-19 on or before 03.03.2018.

The writ petition is disposed of with the aforesaid directions. REKHA PALLI, J FEBRUARY 23, 2018 sr