The importance of proof of service of the Show Cause Notice and the violation of principles of natural justice influenced the court's decision.

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 appearing for the petitioner submits that the petitioner is a State University established and incorporated under the Madhya Pradesh Vishwavidyalaya Adhiniyam, 1973 (hereinafter referred to as 'Act of 1973'). The petitioner was granted recognition by the Western Regional Committee (hereinafter referred to as 'WRC') on 19.07.1999 for the course of Bachelor of Physical Education (hereinafter referred to as 'B.P.Ed.') with an annual intake of 50 students.

3. Learned counsel for the petitioner, further, submits that after notification of the NCTE Regulations, 2014, the revised recognition order was also issued to the petitioner on 20.05.2015. For the compliance of the conditions of the said revised order, an initial Show Cause Notice was issued on 01.02.2017, which was duly replied to by the petitioner. It is further submitted that the Final Show Cause Notice was issued to the petitioner for further compliances to be made, however, the same was not received by the petitioner and the impugned decision of withdrawal of recognition dated 23.01.2019 has been taken without verification of the service of the Final Show Cause Notice.

4. He also submits that the petitioner took the categorical stand before the appellate committee of the National Council for Teacher Education (hereinafter referred to as 'NCTE'), that the Final Show Cause Notice was not received by it and without dealing with the said aspect, the appeal has also been dismissed vide order dated 26.09.2019.

5. He has placed reliance on the decisions of this court passed in the cases of Aireen Institution Of Education v. National Council For Teacher Education & Anr., 2022:DHC:2708; Yuva Rashtrasant Bhayyuji Maharaj B.Ed Womens College v. National Council For Teacher Education & Anr., W.P.(C) 16576/2022 and the order dated 19.12.2022 in Sidh Laharnath Womens S College Of Education v. National Council For Teacher Education & Anr., W.P.(C) 16927/2022 to supplement his stand that a decision cannot be taken in the absence of proof of service of the Show Cause Notice on the institutions.

6. Learned counsel for the petitioner further submits that the appeal of the petitioner was dismissed on the erroneous ground that it does not possess the requisite faculty members on a regular basis. In furtherance of his argument, he submits that the petitioner had appointed the requisite faculty and had also communicated the said compliance to the respondents vide letters dated 18.06.2022 and 21.06.2022, which should have been considered by the respondents.

7. He has also placed reliance on various decisions of this court such as the decision in the case of Rambha College Of Education v. National Council For Teacher Education And Anr., 2017:DHC:1084 alongwith the order dated 09.08.2017 passed in National Council For