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 principles of natural justice in the issuance of the Final Show Cause Notice.

ORDER

Purushaindra Kumar Kaurav, J. (Oral)

1. This matter was taken up for hearing on 11.08.2023 and notice was directed to be issued to the respondents.

2. The respondents have not filed their reply.

3. The parties are heard for a while and it is observed that in view of the short controversy involved in the matter, the same can be disposed of without filing of the reply. Hence, learned counsel for the parties advanced their submissions.

4. Learned counsel appearing on behalf of the petitioner-institution submits that the impugned decision of issuance of the final show cause notice (hereinafter 'FSCN') dated 28.07.2023 under Section 17 of the National Council for Teacher Education Act, 1993 (hereinafter 'NCTE Act, 1993') is de hors the provisions of law and the same cannot be construed to be the FSCN. He, therefore challenges the same on the ground of it being without jurisdiction.

5. The facts of the case would show that on 27.02.2017, respondent no.2/Western Regional Committee (hereinafter 'WRC') issued a show cause notice (hereinafter 'SCN') to the petitioner-institution calling for explaination on two aspects, which reads as under:

"And, whereas, it has been found from the record that the Institution has not submitted the following documents in compliance or the conditions mentioned in the revised order:

1. Staff Profile for the session 2015-16 duly approved by the affiliating body.

2. Originally notarized Change of Land Use/Non-Encumbrance Certificate/Building Plan and Building Completion Certificate."

6. After issuance of the SCN, WRC, in terms of order dated 10.10.2019 decided to withdraw the recognition of the petitioner-institution under Section 17(1) of the NCTE Act, 1993 on the ground that the petitioner- institution did not submit any reply to the SCN. The concluding part of the withdrawal order dated 10.10.2019 reads as under:

"AND WHEREAS, the institution has not submitted reply of Show Cause Notice dt. 27.02.2017. The matter was considered by the WRC In its 311th meeting held on 25th-27th, September 2019 and the Committee decided as under:

"The Show Cause Notice was issued to the institution vide letter dated 27/02/2017. The summary of the case submitted reveals that the institution has not submitted reply of the Show Cause Notice.

Hence, the committee decided to withdraw the recognition under Section 1.7(1.) of the NCTE Act, 1.993 for B.Ed. programme with effect from the end of the academic session next following the date of communication of the said order."

7. The petitioner-institution, thereafter, filed a writ petition being W.P.(C) 4597/2020 and this court, in terms of order dated 28.07.2020 initially granted stay on the said impugned decision dated 10.10.2019 and finally, vide order dated 14.01.2022, the writ petition was disposed of with the following directions:

"9. For the aforesaid reasons, the impugned order of the WRC dated 10.10.2019 is set aside, and the matter is remanded to the WRC with the following directions:

a. The WRC will serve a copy of the show cause notice dated 27.02.2017 upon the petitioner. The petitioner will be given 15 days' time thereafter to reply to the show cause notice, and the matter will be adjudicated in accordance with law.

b. A copy of the show cause notice will also be forwarded to Mr. Rana to obviate any further controversy as to whether it was duly received by the petitioner. Mr. Rana states upon instructions, that the petitioner will not insist upon the service of a second show cause notice.

c. Consequent upon setting aside the impugned withdrawal order, the respondents are also directed to issue an order of restoration of recognition in favour of the petitioner within one week from today, and to update the same on their website. The status of the petitioner as a recognized institution will also be conveyed to the concerned State Government and to the petitioner's affiliating university."

8. Thereafter, on 03.01.2023, WRC passed an order of restoration of the recogniti