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C. HARI SHANKAR
School of Physical Education And Sports Development, Opjs University – Appellant
Versus
National Council For Teacher Education – Respondent
ORDER (Oral)
1. Mr. Sharawat submits that the present writ petition involves a simple issue in which, though the petitioner was actually recognized by the Northern Regional Committee of the National Council for Teacher Education (NCTE) in its 250th meeting held on 3 March 2016 for the D.P.Ed. course with 100 students with effect from 2016-2017, the NCTE failed to issue a formal recognition order under Section 14 of the NCTE Act. He submits that this is a mere ministerial default of the NCTE, for which the petitioner should not be made to suffer. He points out that, on the footing of the recognition which was admittedly granted by the 250th meeting of the NCTE to the petitioner, the petitioner institution has been conducting D.P.Ed courses without any complaint till date. The faculty recruited for the said course are affiliated by the petitioner as the affiliating body.
2. Mr. Sharawat further points out that, even on the website of the NCTE, in the list of State wise Teacher Education Institutions, if one clicks the "view" link against the State of Rajasthan, the petitioner University figures as one of the recognized universities, at S. No. 733 in respect of its B.Ed, D.El.Ed. and B.
Pending applications for educational institution recognition must be evaluated under regulations in effect at the time of application, with a requirement for administrative decisions to be reasoned.
The court's decision was influenced by the petitioner's claim of obtaining a No-Objection Certificate (NOC) from the affiliating university, leading to the reexamination of the application for recogn....
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