Shaheed Bhagat Singh Memorial Shiksha Samiti And ANR v. National Council For Teacher Education And ANR.

$~41 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 8214/2017 & C.M. Nos.9256-9257/2018 SHAHEED BHAGAT SINGH MEMORIAL SHIKSHA SAMITI AND ANR ..... Petitioners Through Mr.Amitesh Kumar, Adv. with Ms.Binisha Mohanty, Adv. & Mr.Priti Kumari, Adv.

versus NATIONAL COUNCIL FOR TEACHER EDUCATION AND ANR.

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

CORAM:

HON'BLE MS. JUSTICE REKHA PALLI

O R D E R

% 12.03.2018 C.M. No.9256/2017 This is an application filed by the petitioner seeking disposal of the present petition in the light of the earlier orders passed by this Court in similar facts and circumstances.

Issue notice. Ms.Monika Arora, learned counsel for the respondents accepts notice and does not oppose the application. In view of the similar directions passed by this Court in WP (C) No.7337/2017, WP(C) No.135/2018 & others, the present application is allowed. The next date of hearing i.e. 10th July, 2018, stands cancelled.

W.P.(C) 8214/2017 Vide the present petition, the petitioner has impugned the orders dated 28th March, 2017 and 6th July, 2016 passed by respondent nos.1 & 2 respectively, whereby the petitioner's application seeking recognition for B.A.B.Ed/B.Sc.B.Ed course, was rejected on the ground that the State of Haryana had imposed a ban for opening of new B.Ed colleges in the State. The learned counsel for the petitioner submits that keeping in view the subsequent decision taken by respondent no.1 to process the application in cases of those institutes where the applications seeking recognition were made prior to the date of the ban imposed by State of Haryana, the impugned orders cannot be sustained.

Learned counsel further submits that in such circumstances the respondents ought to be directed to process the petitioner's application for grant of recognition by ignoring the State Ban imposed by State of Haryana on 12.04.2016. He places reliance on the decision dated 20.02.2018 passed by this Court in W.P.(C)No.1593/2018 titled as O P Memorial College Of Education v. National council for Teacher Education & Anr. Issue notice. Ms.Monika Arora, learned counsel for the respondent who appears on advance notice, fairly does not oppose the petition.

Accordingly, the writ petition is allowed subject to the petitioner paying costs of Rs.10,000/- to the Delhi High Court Employees Welfare Fund. The impugned orders passed by respondent nos.1 & 2 are set aside. Subject to the petitioner meeting

other eligibility criteria, the respondents are directed to decide the application of the petitioner within six weeks by passing a reasoned and speaking order, by ignoring the ban imposed by the State of Haryana.

Needless to say that in case the petitioner is aggrieved by the decision taken by the respondents, he would be at liberty to take legal recourse as per law.

The petition and applications are disposed of in the aforesaid terms.

MARCH 12, 2018/aa REKHA PALLI, J