Back
PURUSHAINDRA KUMAR KAURAV
Doon Valley Institute of Education through Doon Valley Trust, through its Director Sh. Rohit Gupta – Appellant
Versus
National Council for Teacher Education, through its Regional Director – Respondent
JUDGMENT :
(Purushaindra Kumar Kaurav, J.) :—
1. The issue involved in both the writ petitions is common, therefore, the same are being decided by a common order.
2. The petitioner-institution is being run by Doon Valley Trust and was granted recognition by National Council for Teacher Education (in short ‘NCTE’) under the provisions of NCTE Act, 1993 (in short ‘Act of 1993’) vide orders dated 16.08.2004 and 29.09.2006. Vide order dated 16.08.2004, the petitioner-institution was granted recognition for 100 seats for B.Ed. course and vide order dated 29.09.2006, the petitioner-institution was granted recognition for an additional intake of 200 seats for B.Ed. course.
3. It is the case of the petitioner-institution that since the name of the petitioner-institution was not displayed by the NCTE on its official website as a recognised institute, therefore, the petitioner-institution had to approach this court in W.P.(C) 1679/2023, seeking appropriate relief.
4. On 09.02.2023, the said writ petition was taken up for hearing and notice was accepted on behalf of NCTE through its Standing Counsel and time was given to seek instructions. The matter was thereafter, taken up for hearing on 27.0
The recognition once granted can only be subject to cancellation under Section 17 of the Act, and the NRC can take a final decision based on the institution's reply to the SCN.
The court emphasized the importance of proper consideration of deficiencies and explanations in the withdrawal of recognition under the NCTE Act, and the requirement for a fresh inspection and issuan....
Section 17 of the NCTE Act empowers the Regional Committee of the NCTE to withdraw recognition granted to an institution offering course or training in teacher education, for reasons to be recorded i....
The court emphasized the importance of the NRC's statutory obligation and the need for immediate measures to enforce compliance with regulations, leading to the setting aside of the NRC's decision an....
NCTE has the final authority over recognition applications regardless of state restrictions, which limits the state's role to recommending actions without binding NCTE's decisions.
The importance of proof of service of the Show Cause Notice and the violation of principles of natural justice influenced the court's decision.
The central legal point established in the given judgment is the obligation of the petitioner-institution to furnish relevant information within the four corners of the law and the violation of princ....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
