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PURUSHAINDRA KUMAR KAURAV
Swami Vivekanand College of Education – Appellant
Versus
National Council For Teacher Education – Respondent
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
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....
The importance of proof of service of the Show Cause Notice and the violation of principles of natural justice influenced the court's decision.
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 proper consideration of deficiencies and explanations in the withdrawal of recognition under the NCTE Act, and the requirement for a fresh inspection and issuan....
Recognition of educational institutions cannot be withdrawn without considering subsequent compliance with regulations, ensuring procedural fairness in the evaluation process.
Administrative action requiring withdrawal of recognition must adhere to principles of natural justice, including adequate notice and opportunity to respond, failing which the action may be deemed in....
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 appellate authority must consider the documents submitted by the petitioner and make acceptable findings before making a decision on the withdrawal of recognition.
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