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.

JUDGMENT

Prateek Jalan, J. (Oral)

The proceedings in the matter have been conducted through video conferencing.

W.P.(C) 8293/2021 and CM APPL. 25714/2021 (for stay)

1. Issue notice. Ms. Kartika Sharma, learned counsel, accepts notice for the respondent nos. 1 and 2. Mr. Anil Kaushik, learned Additional Advocate General for the State of Haryana, accepts notice for the respondent nos. 3 and 4. In view of the fact that the issues involved in this writ petition are identical to the issues involved in five other writ petitions which are listed today, the petition is taken up for disposal with the consent of learned counsel for the parties.

W.P.(C) 6392/2021 & CM APPL. 20067/2021 (for stay)

W.P.(C) 6702/2021 & CM APPL. 21074/2021 (for stay)

W.P.(C) 5010/2021 & CM APPL. 15348/2021 (for stay)

W.P.(C) 5062/2021 & CM APPL. 15500/2021 (for stay)

W.P.(C) 5639/2021 & CM APPL. 17573/2021 (for stay)

W.P.(C) 8293/2021 & CM APPL. 25714/2021 (for stay)

2. These six petitions concern applications submitted by the petitioners to the Northern Regional Committee ["NRC"] of the National Council for Teacher Education ["NCTE"] for recognition of their D.El.Ed. courses. All the institutions are situated in the State of Haryana and the petitions arise in substantially similar circumstances.

Facts

3. The facts, as noted from W.P.(C) No. 6392/2021, are as follows:

(a) The petitioner submitted its application for recognition of the course to the NRC on 29.12.2012.

(b) The application was returned on 11.09.2013 on account of a ban imposed by the State of Haryana on the establishment of new colleges. W.P.(C) No. 7491/2013, filed by the petitioner, was allowed by this Court and the matter was remanded to the NCTE for fresh consideration by an order dated 24.11.2014.

(c) The NRC rejected the application once again on the same ground by an order dated 30.12.2015, against which the petitioner's appeal was allowed by the Appellate Committee of the NCTE vide order dated 18.04.2016. The matter was once again remanded to the NRC.

(d) The NRC, by an order dated 16.02.2017, again rejected the application on the same ground. This Court was moved by way of W.P.(C) No. 59/2018, and by an order dated 29.01.2018 the matter was remanded once again, on the submission on behalf of the NCTE that the matter would be reconsidered irrespective of the State ban. The application was to be decided by 03.03.2018, in accordance with the schedule for the academic year 2018-19.

(e) The NRC again rejected the petitioner's application by an order dated 21.05.2018, this time on the ground that the petitioner had insufficient land as on the date of the application. This Court, by an order dated 25.05.2018 in W.P.(C) No. 5751/2018, directed the NCTE to consider the subsequent acquisition of land by the petitioner.

(f) Pursuant to the aforesaid order, an inspection was conducted and a Letter of Intent ["LOI"] was issued on 12.09.2018. The petitioner submitted its faculty list to its affiliating body, being the respondent no. 3-State Council of Educational Research and Training ["SCERT"], but it was not approved. This led to the petitioner's fourth writ petition [W.P.(C) No. 10385/2018], in which by an order dated 29.10.2018 the SCERT was directed to decide the application within a period of four weeks.

(g) The SCERT approved the faculty list on 19.12.2018.

(h) On 27.02.2019, however, a show cause notice was issued by the NRC, which was stayed by an order dated 08.03.2019 passed by this Court in W.P.(C) No. 2301/2019. The writ petition was ultimately allowed by an order dated 06.11.2019 with a direction upon the NRC to adjudi