JUDGMENT (Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a writ of certiorarified mandamus, to call for the records pertaining to the resolution passed in Agenda No.2 of the 54th meeting of the 1st respondent dated 27.04.2022 and the public notice Ref.No.F.NCTE.Reg.1012/11/2021-Reg-Sec-HQ dated 03.05.2022 and to quash the same as illegal and direct the respondent to open their website for submission of PAR for the academic year 2022-2023.) Common Order 1. These writ petitions have been filed challenging the Public Notice issued by the respondent i.e., National Council for Teacher Education, dated 03.05.2022. 2. The sum and substance of the issue is that, these petitioners are recognised Teacher Education Institutions imparting teacher education at various level. One of the criteria to be followed by these institutions according to the NCTE guidelines is that, the Institutions have to upload the Performance Appraise Report (PAR) for every year or every academic year in the webportal of the NCTE for evaluvating their performance. In this regard, when such insistment was made by the NCTE for the academic year 2018-2019 to make the PAR i.e., Performance Appraisal Report, some of the institutions, not the petitioners, had approached the High Court of Delhi, where, the insistment made by the NCTE, directing the Institutions to make the PAR in the webportal, was stayed for sometime. Ultimately, those cases were decided and the Delhi High Court passed an order, on 25.02.2022 rejecting the plea of those instituions, however, while upholding the decision of the learned Judge of the Delhi High Court, the Division Bench had extended the time for filing of PAR up to 31st March 2022. 3. Still aggrieved over the said order passed by the Division Bench of the Delhi High Court, those institutions preferred Special Leave Petitions before the Hon'ble Supreme Court of India in SLP (Civil) No.5479 of 2022. The Hon'ble Supreme Court rejected the said SLPs along with the connected SLPs by order, dated 01.04.2022, where, the Hon'ble Supreme Court while rejecting the said petitions had modified the time limit given by the Delhi High Court from 31st March 2022 to 2nd April 2022, within which, the institutions had to make the PAR in the webportal for which enabling the institutions to make it, the NCTE was directed to keep the webportal open for one day i.e., upto midnight of 2nd April 2022. Accordingly, the NCTE kept open the webportal till midnight of 2nd April 2022 and thereafter, it was closed. 4. However, the grievance as espoused by the learned counsel appearing for the respective petitioners is that, after coming to know the dead line issued by the Hon'ble Supreme Court, i.e., 02.04.2022 for making the PAR in the webportal, when immediate attempt was made by these institutions, who are already ready with the PAR to be uploaded, in the meanwhile, the webportal of the NCTE was closed by midnight of 2nd April 2022, thereby, these petitioners even though were ready to make uploading the PAR they could not do so because of the closure of the webportal. 5. In the meanwhile, now, by 3rd May 2022, the public notice has been issued by the NCTE, whereby, because of non-uploading of the appraisal, i.e., PAR, these petitioners institutions have been placed under No Admission Category for the academic year 2022-2023, thereby, it has made a virtual closure of the institutions without even withdrawing the recognition of the petitioners granted to the petitioners in the manner known to law, especially under Section 17 of the NCTE Act. Therefore, such kind of closure of the instituions, in other way, could not have been made possible as there is an exhaustive procedure available under the NCTE Act and regulation made thereunder. Therefore, without which since the public notice has been issued, the said public notice which is impugned herein is infirm he submitted. 6. On the other hand, the learned Standing Counsel appearing for the first respondent/NCTE, on the limited instructions, which they received, has submitted that, the Hon'ble Supreme Court, by order dated 01.04.2022 has relaxed the time limit for making the appraisal in the webportal only upto midnight of 2nd April 2022. Pursuant to the said order, the webportal was opened and was kept open till midnight of 2nd April 2022, thereafter, it was closed. Therefore, the NCTE cannot be blamed for not opening the webportal beyond midnight of 2nd April 2022. 7. Admittedly, since these petitioners have not uploaded the appraisal before midnight of 2nd April 2022, they become ineligible to admit the students, therefore, these institutions have been put under No Admission Category through the Public Notice, dated 03.05.2022, which is impugned herein. 8. 7. Admittedly, since these petitioners have not uploaded the appraisal before midnight of 2nd April 2022, they become ineligible to admit the students, therefore, these institutions have been put under No Admission Category through the Public Notice, dated 03.05.2022, which is impugned herein. 8. He would also submits that insofar as the withdrawal of the recognition of these institutions are concerned, the procedure would be followed as per the provisions of the NCTE Act and the regulation made thereunder and that situation has not arisen as of now, therefore, these institutions since have been put under No Admission Category, the further follow up action either to withdraw the recognition or not would also be decided by the NCTE and accordingly, further course of action would be taken against these petitioners, he contended. 9. I have considered the said rival submissions made by either parties and perused the materials placed before this Court. 10. No doubt, the Performance Appraisal Report which is sought for by the NCTE to be uploaded every year or every academic year by the institutions are concerned is a must and therefore, the institutions cannot be escaped from such procedure to be followed. 11. In this context, because of the interim order granted by the Delhi High Court, where those writ petitions filed by some institutions were pending for the year 2018-2019 and 2019-2020, there was no requirement from the NCTE or they had not insisted upon to make PAR for all the institutions in view of the pendency of the cases before the High Court of Delhi. However, subsequently, when those cases came to an end by the decision of the Dvision Bench of the Delhi High Court by the order, dated 25.02.2022 still further appeal since were filed before the Hon'ble Supreme Court and those SLP's were decided or rejected on 01.04.2022, where, the extension was given upto 2nd April 2022. The said position has come to the knowledge of these petitioners and similarly placed persons only after few days, immediately after coming to know about these developments when these petitioners made an attempt to upload the PAR, in the meanwhile, since the webportal of the NCTE was closed, they could not make it. The said position has come to the knowledge of these petitioners and similarly placed persons only after few days, immediately after coming to know about these developments when these petitioners made an attempt to upload the PAR, in the meanwhile, since the webportal of the NCTE was closed, they could not make it. Therefore, it is a main reason as technically it is not feasible for the petitioners to upload the PAR in view of the closure of the website, therefore, this Court feel that for the said reason,if the petitioners are placed under No Admission Category it leads to virtually the withdrawal of the recognition without any plausible reason as has been contemplated under the provisions of the NCTE Act for invocation of Section 17 for withdrawal of the recognition. 12. In that view of the matter, this Court is inclined to dispose of these writ petitions with the following order:- " that the first respondent/NCTE is hereby directed to keep open the website for 7 days from 31st May 2022 till 6th June of 2022 i.e., totally 7 days inclusive of 31st May 2022 and 6th June of 2022. Within these 7 days period, not only the petitioners institutions but all the other institutions, who have not sofar uploaded the appraisal report, can do so, for the academic year 2020-2021. Based on such uploading of appraisal, the NCTE can pass individual orders/communications to those institutions, who have complied with the same as indicated above, removing from the list of No Admission Category. Insofar as the other institutions, despite this last chance given for appraisal, who have not complied with the above said direction, are not entitled to seek for any relief for removing their name from the list of No Admission Category pursuant to the public notice, dated 03.05.2022, which is impugned herein. Insofar as the other institutions, despite this last chance given for appraisal, who have not complied with the above said direction, are not entitled to seek for any relief for removing their name from the list of No Admission Category pursuant to the public notice, dated 03.05.2022, which is impugned herein. It is made clear that this development shall be intimated by the NCTE that pursuant to the order of this Court the NCTE will open the webportal for 7 days as indicated above and it shall be intimated through the website of the NCTE so that, all other institutions, apart from these petitioners, may be in a position to know that the website of the NCTE would be opened for this purpose for 7 days as indicated above, within which, all those institutions, who are ready with the appraisal reports, can utilise this opportunity to escape from the No Admission Category." 13. With this observations, all these writ petitions are disposed of. No costs. Consequently, connected miscellaneous petitions are closed.