DELHI HIGH COURT
RAJIV SHAKDHER, JASMEET SINGH
Gyandeep Shikshak Prashikshan Mahavidyalaya – Appellant
Versus
National Council for Teacher Education – Respondent
| Table of Content |
|---|
| 1. court acknowledges respondents and hears petition. (Para 2 , 3) |
| 2. petitioner seeks quashing of ncte regulations. (Para 4) |
| 3. petitioner obtained noc, thus not challenging regulation. (Para 5 , 6) |
| 4. court quashes prior rejection and directs re-examination. (Para 7) |
| 5. pending application closed after court order. (Para 8) |
JUDGMENT
[Physical Court Hearing/Hybrid Hearing (as per request]
Rajiv Shakdher, J. (Oral)--Issue notice to the respondents.
2. Mr Shivam Singh accepts notice on behalf of the respondents.
3. With the consent of the counsel for the parties, the writ petition is taken up for hearing and final disposal, at this stage itself.
4. The substantive prayers made in the writ petition read as follows:
"(a) pass a writ of certiorari or any other appropriate writ or order quashing and setting aside the impugned Regulation 5 (3) of the National Council for Teacher Education (Recognition Norms and Procedure) Regulations, 2014 to the extent it requires the petitioner to submit No Objection Certificate issued by the concerned affiliating body along with online application and its Hard Copy, however, the same is ultra vires the NCTE Act, 1993; and
(b) pass a w
The requirement of a No Objection Certificate for recognition applications was found to be regulated and subject to the petitioner obtaining such a certificate, affirming procedural compliance.
The importance of obtaining a No-Objection Certificate (NOC) from the affiliating body for recognition of educational institutions.
The court ruled that an NOC from the concerned Authority is not a prerequisite for recognition of teacher education courses under the NCTE Act, promoting the principle of procedural fairness in admin....
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 court ruled that obtaining a No Objection Certificate from the State Government allows reconsideration of petitioner's application for recognition, quashing previous rejection due to NOC requirem....
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.
The requirement for a No Objection Certificate for recognition by the NCTE is rendered underscored upon the petitioner's recognition as a private university.
Recognition as a university negates the requirement for a No Objection Certificate for application submissions under the NCTE Act.
The legal principle established is that a petitioner, recognized as a university, is not required to obtain a No Objection Certificate (NOC) for recognition by the NCTE.
Submission of No Objection Certificate is a mandatory requirement for recognition; failure to provide it leads to application rejection.
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