PURUSHAINDRA KUMAR KAURAV
Awdhesh Pratap Singh Vishwavidyalaya Department of Physical Education, District-rewa-486003, Madhya Pradesh Through Its Registrar – Appellant
Versus
National Council For Teacher Education G-7, Sector-10, Dwarka, New Delhi-110075 – Respondent
ORDER
Purushaindra Kumar Kaurav, J. (Oral)--The petitioner in the instant petition prays for the following reliefs:
a) issue a writ of certiorari or any other suitable writ or order quashing & setting aside the impugned withdrawal order dated 23.01.2019 issued by WRC and also the Appeal Order dated 26.09.2019 passed by Appellate Authority of NCTE; and
b) issue a writ of mandamus or any other suitable writ, order or direction to the Respondent No.2 to restore the recognition of petitioner university for B.P.Ed. Course with Two Basic Units (100 Seats); and
c) issue a writ of mandamus or any other suitable writ or order or direction to the respondent No.2 to reflect/display the name of petitioner university in the list/category of recognised institutions for conducting B.P.Ed. Course on their website and to inform the Department of Higher Education, Government of Madhya Pradesh regarding recognized status of petitioner university enabling inclusion and participation in the counselling & admission process for admission in B.P.Ed. Course; and
d) pass any such other orders/directions as this Hon'ble Court deems fit and proper in the facts and circumstances of the case".
2. Learned counsel ap
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 appellate authority must consider the documents submitted by the petitioner and make acceptable findings before making a decision on the withdrawal of recognition.
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....
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 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....
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 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.
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