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2019 DIGILAW 1244 (DEL)

S. M. Y. College of Education v. National Council for Teacher Education

2019-04-30

C.HARI SHANKAR

body2019
JUDGMENT : C. HARI SHANKAR, J. 1. Issue notice to the respondents. 2. Notice is accepted by Ms. Arunima Dwivedi, learned SC, on behalf of the respondents. 3. In view of the recital which follows, I am proceeding to dispose of this writ petition, with consent of learned counsel for the parties, without awaiting completion of pleadings. 4. The decision of the Western Regional Committee (WRC) of the National Council for Teacher Education (hereinafter referred to as "the NCTE") taken in its meeting conducted between 2nd and 4th April, 2019, which is impugned in the present writ petition, rejects the petitioner's application for commencement of a B.Ed. course in the S.M.Y. College of Education, Gwalior, Madhya Pradesh, on the ground that "(i) the petitioner had not submitted a letter granting approval for the selection or appointment of faculty, issued by the affiliating body as per NCTE Regulation 2014, (ii) the institution had submitted a photocopy of the staff list signed by Registrar, Jiwaji University, Gwalior, Madhyay Pradesh and that (iii) the Institution's website was not functional." 5. Mr. Ravi Kant, learned counsel for the petitioner, points out that these findings are erroneous, as the letter granting approval for the selection or appointment, issued by the affiliating body, as well as the staff list, on the format prescribed by the NCTE, was submitted by the petitioner more than once, the last occasion being 25th July, 2018. He also submits that the petitioner's website is functional. 6. I am informed that the meeting of the WRC is in progress. 7. In the circumstances, I am of the opinion that the interests of justice would be sub-served if this writ petition is disposed of by setting aside the impugned decision and allowing the petitioner to appear before the WRC on the date and time which shall be communicated by the WRC on petitioner's e-mail, which is smycollegegwalior@yahoo.com, so that the petitioner could convince the WRC that the deficiencies stood rectified. 8. With the above direction, this writ petition is disposed of, with no order as to costs. 9. Needless to say, the petitioner would remain at liberty to challenge any decision which may be taken, if it is not acceptable to it. 10. Cm APPL.20273/2019 also stands disposed of.