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DELHI HIGH COURT
PRATEEK JALAN
GPS Institute of Education – Appellant
Versus
National Council for Teacher Education – Respondent
| Table of Content |
|---|
| 1. process and grounds for application rejection (Para 2 , 3 , 4 , 5 , 6 , 8) |
| 2. opposition to wrc's decision and lack of reasoning (Para 9 , 10 , 12 , 19) |
| 3. preliminary objection regarding appeal process (Para 14 , 15) |
| 4. judicial precedent on application consideration (Para 16 , 17 , 18) |
| 5. writ petition success and order for reconsideration (Para 20) |
JUDGMENT
Prateek Jalan, J. (Oral)--The proceedings in the matter have been conducted through video conferencing.
1. Issue notice. Ms. Kartika Sharma, learned counsel, accepts notice on behalf of the respondents. The petition is taken up for disposal with the consent of learned counsel for the parties.
2. The petitioner applied to the Northern Regional Committee ["NRC"] of the National Council for Teacher Education ["NCTE"] for recognition of its D.El.Ed. course on 30.12.2012. The petitioner's application was rejected on the ground of a ban imposed by the State of Rajasthan on setting up of new institutes. The petitioner challenged the aforesaid rejection by way of a writ petition before the Rajasthan High Court, being S.B. Civil Writ Petition No. 3598/2018. The High Court, by an order dated 14.03.2018, disposed of a
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.
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 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....
The main legal principle established is that a petitioner should not be denied the right to have a formal recognition order issued for a course, especially when the recognition has been granted and t....
Administrative authorities must adhere to the principles of natural justice and mandatory statutory procedures, such as providing a reasonable opportunity for written representation before refusing c....
Administrative authorities must comply with the statutory requirement of natural justice by providing an opportunity for written representation before denying recognition or transition to new courses....
The court emphasized the importance of the NOC obtained from the State Government of Rajasthan in the application for recognition, and quashed the requirement of NOC from the affiliating body.
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