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DELHI HIGH COURT
PRATEEK JALAN
Om College of Education – Appellant
Versus
National Council for Teacher Education – Respondent
JUDGMENT
Prateek Jalan, J. (ORAL)--The proceedings in the matter have been conducted through video conferencing.
CM APPL. 20828/2021 (delay) in REVIEW PET. 101/2021 in W.P.(C) 2069/2021
CM APPL. 20733/2021 (delay) in REVIEW PET. 100/2021 in W.P.(C) 2395/2021
For the reasons stated in the applications seeking condonation of delay, the delay of 52 days in filing the review petitions is condoned. The applications stand disposed of.
CM APPL. 20829/2021 (exemption) in REVIEW PET. 101/2021 in W.P.(C) 2069/2021
CM APPL. 20734/2021 (exemption) in REVIEW PET. 100/2021 in W.P.(C) 2395/2021
Exemptions allowed, subject to all just exceptions.
The applications stand disposed of.
REVIEW PET. 101/2021 in W.P.(C) 2069/2021
REVIEW PET. 100/2021 in W.P.(C) 2395/2021
1. These petitions have been filed by the National Council for Teacher Education ["NCTE"], seeking review of a judgment dated 12.04.2021 in the captioned writ petitions, to the extent that the Chairperson of the NCTE was directed to exercise the powers conferred under Regulation 121 of the National Council for Teacher Education (Recognition Norms & Procedure) Regulations, 2014 ["the 1 "12. Power to relax - (1) On the recommendations of
Regulation 12 of the National Council for Teacher Education allows for relaxation in regulations due to hardship caused by state actions, applicable to both individual institutions and broader catego....
The central legal point established in the judgment is the interpretation and application of Regulation 12 of the National Council for Teacher Education (Recognition Norms & Procedure) Regulations, 2....
State policies cannot impede the NCTE's exclusive authority in granting recognition to educational institutions under the National Council for Teacher Education Act.
The NCTE has the sole discretion to grant or refuse recognition, and the State Government cannot interfere with this process. The NCTE can exercise the power to relax the provisions of the Regulation....
NCTE has the final authority over recognition applications regardless of state restrictions, which limits the state's role to recommending actions without binding NCTE's decisions.
The right to establish educational institutions is a fundamental right under Article 19(1)(g) and can only be restricted by law; a mere policy decision cannot impose a general ban on new institutions....
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....
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.
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