Back
IN THE HIGH COURT OF DELHI
Sanjeev Narula, J.
Aireen Institution of Education - Appellant
Versus
National Council for Teacher Education - Respondent
W.P.(C) 3069 of 2022
Decided On : 20-07-2022
| Table of Content |
|---|
| 1. withdrawal of recognition based on procedural decisions. (Para 1 , 4 , 5 , 6) |
| 2. petitioner's claims regarding due process and appeal. (Para 2 , 7) |
| 3. respondents argue procedural errors by the petitioner. (Para 8) |
| 4. court emphasizes the importance of procedural fairness. (Para 9 , 10 , 11 , 12 , 13) |
| 5. court restores recognition and procedural rights. (Para 14 , 16) |
JUDGMENT
Sanjeev Narula, J. (Oral)--The present writ petition is directed against the decision of Respondent No. 2 - Western Regional Committee ("WRC") taken at its 322nd meeting held from 23rd to 24th November, 2020 whereby the recognition granted to Petitioner-institute for B.Ed. course has been withdrawn.
2. At the outset, it is noticed that Petitioner-institute has not preferred an appeal against the said order. Mr. Sanjay Sharawat, counsel for Petitioner-institute, submits that this Court has, in cases such as the present petition, where no show-cause notice has been issued, routinely and consistently entertained such petitions. He places reliance on order dated 20th November, 2019 passed by this Court in Vivek Vardhini College of Education for Women v. National Council for Teacher Education & Anr., W.P. (C) 11271/2019.
3. In the above circumstances, the Court has proceeded to hear the matter.
BRIEF FACTS
4. Briefly stated, Petitioner submitted an application seeking recognition with WRC in the year 2004. Pursuant to an inspection conducted by WRC, recognition was granted to Petitioner-institute for running the said course with an intake of 100 students on 14th February, 2005. Thereafter, on 1st December, 2014, the National Council for Teacher Education (Recognition Norms and Procedure) Regulations came into force requiring revised recognition orders to be issued to all the existing institutions. Consequent thereto, on 29th October, 2015, Petitioner filed an application with the WRC for shifting of premises to a self-owned property along with the requisite fee. The said application was not processed, constraining the Petitioner-institute to continue functioning in the old premises taken on lease.
5. In its 316th meeting held on 27th and 28th August, 2020, the WRC decided to issue show cause notices to all institutions falling within its jurisdiction which were granted recognition in temporary rented premises on the basis of earlier Regulations of 2002 and had not yet shifted to their own building within three years from the date of grant of recognition; or had yet not applied for shifting to own premises.
6. Pursuant to the said decision, a show-cause notice was issued on 29th September, 2020, which Petitioner-institute contends was never received by it. In the 322nd meeting held on 23rd/24th November, 2020, as no reply to the said show-cause notice was received by WRC, a decision was taken qua the Petitioner, which reads as follows:
| SL. No. | FILE/CODE NO. | NAME AND ADDRESS OF THE INSTITUTION | COURSE | DECISION OF WRC |
| 77. | 123150 | AIREEN INSTITUTION OF EDUCATION, 3-LULLA ARCADE, OPP BHANU SAGAR, KALAYAN WEST, Maharashtra | B.ED | The original file of the Institution along-with other related documents were carefully considered and examined by WRC in the light of NCTE Act, 1993, Regulations and Guidelines issued by NCTE from time to time and the following observation was made that: 1. Recognition was granted to the institution on 14.02.2005 on rented premises with a condition that to shift the institution in its own premises within a period of three years from the date of issue of recognition order. 2. The institution has not shifted the institution in its own premises till date. 3. Accordingly, Show Cause Notice was issued to the institution on 20.09.2020. 4. The institution has not submitted the reply of the Show Cause notice till date. In view of above, the Committee decided that the recognition of B.Ed programme of the institution be WITHDRAWN under Section 17 (3) of the NCTE Act from the next academic session 2021-22. |
"
Consequently, a withdrawal order wa
Administrative action requiring withdrawal of recognition must adhere to principles of natural justice, including adequate notice and opportunity to respond, failing which the action may be deemed in....
The importance of proof of service of the Show Cause Notice and the violation of principles of natural justice influenced the court's decision.
Recognition of educational institutions cannot be withdrawn without considering subsequent compliance with regulations, ensuring procedural fairness in the evaluation process.
Section 17 of the NCTE Act empowers the Regional Committee of the NCTE to withdraw recognition granted to an institution offering course or training in teacher education, for reasons to be recorded i....
The withdrawal of recognition of an educational institution was justified due to the failure to submit required documents, and the principles of natural justice were not violated as the petitioner di....
The main legal point established in the judgment is that an institution should be given a reasonable opportunity to address deficiencies before withdrawal of recognition, and additional reasons for w....
The appellate authority must consider the documents submitted by the petitioner and make acceptable findings before making a decision on the withdrawal of recognition.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
