The statutory provisions under Section 17 of the NCTE Act only allow for continued education of currently enrolled students post-recognition withdrawal, effectively barring new admissions for de-recognized institutions.

JUDGMENT

Satish Chandra Sharma, C.J. The Present Letters Patent Appeal (LPA) arises out of an order dated 22.09.2021, passed by the learned Single Judge in W.P.(C.) No. 10708/2021 ("impugned order").

2. The facts of the case reveal that the Respondent Institute, i.e. Savita Devi Mahavidyalaya had filed a writ petition before the learned Single Judge being aggrieved by a decision of the Appellant dated 07.12.2020. Vide this decision, the Northern Regional Committee (NRC), National Council for Teacher Education (NCTE) had taken a decision regarding withdrawal of recognition in respect of B.Ed courses offered by the Respondent College. By way of the Writ Petition filed, it was prayed that the decision for withdrawal of recognition against the Respondent Institute should be made applicable only w.e.f. the end of the academic year 2021-22, and the institution be permitted to admit students in spite of there being a decision for withdrawal of recognition.

3. The undisputed facts of the case reveal that the NRC on 16.09.2004 had granted recognition to the Respondent for conducting B.Ed. courses with an annual intake of 100 students and thereafter, the affiliating university had granted affiliation to the Respondent College in December, 2007 for conducting B.Ed. courses. Vide a decision of the NRC in December, 2007 recognition was also granted for additional intake of 100 students, meaning thereby, the total intake of B.E.d. students in respect of the Respondent institute was increased 200.

4. The NRC then issued a revised recognition to the Respondent vide an Order dated 20.05.2015 for conducting B.Ed. programmes of a two year duration with an annual intake of 200 seats (existing 100 + additional 100=200) from the academic session 2015-16.

5. On 09.10.2020, the Regional Director NRC issued a show cause notice to the Respondent institute keeping in line with Section 17(1) of NCTE Act, 1993. A reply to the same was submitted by the Respondent institute on 11.11.2020.

6. The NRC in its 322nd (Virtual) Meeting held on 07.12.2020 took a decision regarding withdrawal of recognition for B.Ed. courses offered at the Respondent institute. Subsequent to the meeting, an Order was passed by the NRC on 03.03.2021 withdrawing the recognition of the Respondent institute and the same was communicated to the concerned affiliated University. In these circumstances, the Respondent preferred an appeal before the Appellate Authority on 18.09.2021 and thereafter filed W.P.(C.) No. 10708/2021 before this Court praying for the following reliefs:

"a) issue a writ of mandamus or any other suitable writ or order directing the NCTE to decide the statutory appeal submitted by the petitioner before the Appellate Authority under Section 18 of National Council for Teacher Education Act, 1993 at the earliest within a time bound manner; and/or

b) issue a writ of mandamus or any other suitable writ or order or direction staying the operation of the decision taken by NRC in its 322nd (Virtual) Meeting held on 07th December, 2020; and/or

c) issue a writ of mandamus or any other suitable writ or order directing that the decision of withdrawal of recognition shall come into force only w.e.f. the end of the present academic session 2021-22; and/or

d) issue a writ of mandamus or any other suitable writ or order or direction to the respondents to display the name of petitioner institution in the list/category of recognised institutions for conducting B.Ed. course (200 seats) on their website and to inform the affiliating university and7 the Department of Higher Education, Government of Uttar Pradesh regarding recognized status of petitioner institution enabling inclusion and participation in the ongoing counselling & admission process for admission in B.Ed. course for the present academic year 2021-22; and/or

e) pass any such other orders/directions as this Hon'ble Court deems fit and proper in the facts and circumstances of the case."

7. The learned Single Judge