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PURUSHAINDRA KUMAR KAURAV
IN THE MATTER OF: Sana College Of Education – Appellant
Versus
National Council For Teacher Education – Respondent
JUDGMENT :
PURUSHAINDRA KUMAR KAURAV, J.
1. This petition is directed against order dated 24.08.2021 passed by respondent No.2/Southern Regional Committee (hereinafter referred as SRC). The petitioner is also aggrieved by the order passed in appeal by the Appellate Authority constituted in terms of Section 18 of the National Council for Teacher’s Education Act, 1993 (hereinafter referred as NCTE).
2. The petitioner’s case is that, it was granted recognition for conducting B.Ed. course in terms of approval dated 21.12.2005 for the academic session 2005-06. The petitioner, thereafter, continued to impart education with respect to the said course. In the year 2016, there were certain instructions by the SRC of the petitioner Institution. On 08.11.2019, the SRC in its 381st meeting held on 31.10.2019 and 01.11.2019 decided to issue show cause notice to all such institutions who were deficient in compliance of the parameters of NCTE Regulation, 2014.
3. The petitioner Institution on 04.12.2019 submitted its response to the show cause notice and pointed out that the institution is not deficient in compliance of the said Regulations and had explained the circumstances. It appears that SRC in
Regulatory bodies play a crucial role in maintaining educational standards, but the court has the authority to set aside orders and allow re-inspection if the petitioner claims to have fulfilled all ....
The appellate authority must consider the documents submitted by the petitioner and make acceptable findings before making a decision on the withdrawal of recognition.
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....
The main legal point established in the judgment is that an institution should be given a reasonable opportunity to address deficiencies before withdrawal of recognition, and additional reasons for w....
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 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....
Recognition of educational institutions cannot be withdrawn without considering subsequent compliance with regulations, ensuring procedural fairness in the evaluation process.
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