1. The main point involved in these cases is.

Whether the withdrawal of recognition of the B. Ed. course to Shri Rawatpura Sarkar Sansthan (the Institute) is illegal.

It arises in these writ appeals against the order of the single Judge dated 2-5-2013 disposing of Writ Petitions (C)-2874 and 2875 of 2011 filed by the Institute.

THE FACTS

2. There is a trust known as Rawatpura Sarkar Lok Kalyan Trust (the Trust). It started a University in the name of Rawatpura Sarkar International University (the Rawatpura-University) at Raipur. It was a private University and was granted recognition of a deemed University by the University Grants Commission (the UGC). The Institute was affiliated to the Rawatpura-University.

3. Subsequently, the Institute got affilated to Ravishanker Shukla University (the Ravishanker-University).

4. The Institute decided to start a B. Ed. course. The Western Regional Committee (the WRC) constituted under the National Council for Teacher Education Act (the Act) granted recognition to it. Thereafter, the Institute applied for grant of recognition to start M.Ed. course.

5. The WRC not only cancelled the recognition to B. Ed. course, but dismissed the application for grant of recognition for the M.Ed. course. The appeals of the Institute against these orders were also dismissed.

6. These orders were challenged by the Institute in the two writ petitions that were disposed of by the single Judge by issuing a direction to conduct spot inspection and then take a decision. This order of the single Judge is challenged in these appeals. The WRC challenges the direction; whereas, the Institute challenges non-quashing of the impugned orders.

Facts Regarding B. Ed. Course

7. The Institute had filed an application on 7-10-2003 before the WRC for grant of recognition to start B. Ed. course under NCTE (Form of Application for Recognition, the Time Limit of Submission of Application, Determination of Norms and Standards for Recognition of Teacher Education Programmes and Permission to Start New Course or Training) Regulations, 2002 (the 2002-Regulations).

8. In the application, it was mentioned that B. Ed. course was to start at rented premises at C-1, Sector-1, Devendra Nagar, Raipur, Chhattisgarh (the Raipur-premises). But, it was also mentioned in the application that the Institute will construct its own building and shift there.

9. Along with the application, a sale-deed of the land was also annexed that showed that the Institute had purchased 5 acres of land in village Chouraha, Ahirwar, Tahsil Dhamdha (now Tahsil Kumhari), district Durg (the Durg-premises), over which, the building was to be constructed.

10. A team of the WRC conducted inspection of the proposed Institute on 17-5-2004. After considering its report, the WRC granted temporary recognition to the Institute on 8-7-2004 to run the B. Ed. course for the academic Session 2004-05 at the Raipur-premises on the condition that the Institute will submit the list of the staff/faculty duly approved by the Registrar of the affiliating University.

11. The WRC granted recognition on 23-11-2005 for the academic session 2005-06 on the condition that the Institute should shift to its own premises within a period of three years from the date of recognition.

12. According to the Institute, it shifted to its own building at Durg-premises in the month of December, 2005. This fact is not spcifically denied by the WRC but it is said that it was informed about this fact on 28-4-2009.

13. The WRC issued show-cause notice dated 28-4-2010 to the Institute to show-cause why the recognition for the B. Ed. course be not cancelled as it had shifted the premises without obtaining permission of the WRC under sub-clause (9) of clause 8 (clause 8(9)) of the National Council for Teacher Education (Recognition, Norms and Procedure) Regulations, 2005, (the 2005-Regulations).

14. The Institute filed its reply on 20-5-2010. However, a decision was taken to withdraw the recognition on 14-6-2010 on the gr