Point of Law: 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 in writing, where the Regional Committee is satisfied, on its own motion or on any representation received from any person, that a recognised institution has contravened any of the provisions of this Act or the rules, regulations, orders made or issued thereunder, or any condition subject to which recognition under sub-section (3) of Section 14 or permission under sub-section (3) of Section 15 was granted. As per the first proviso to sub-section (1) of Section 17, no such order against the recognised institution shall be passed unless a reasonable opportunity of making representation against the proposed order has been given of 2020 to such recognised institution.

JUDGMENT :

Heard Mr. G.M.Joshi, learned Senior Counsel with Mr. Jayraj Chauhan, learned advocate for the petitioner, Mr. Dhaval Dave, learned Senior Counsel with Mr. Udayan Vyas, learned advocate for the respondent No.1 and Mr. Siddarth Dave, learned advocate for the respondent No.2.

2. In the present petition, the petitioner has prayed as under :-

“A. Issue a writ of certiorari and/or a writ in the nature of mandamus and/or any other appropriate writ, order, direction to quash and _ set-aside the show cause notice dated 13.02.2020 issued by the WRC of NCTE by declaring it to be null, void, ineffective and as to extent of non-application of mind, it being contrary to the binding decision of court of law, dehors the record and is being illegal, bad, ultra vires, capricious And further be pleased to quash and set-aside the action and inaction of the respondent authority of S P University in removing the name of the petitioner from the prospectus of central admission cell of B.Ed., course for academic year 2020-21 and consequent notice dated 04.03.2020 by declaring to be _ illegal, arbitrary, bad, ultravirus, capricious and further be pleased to direct the respondent authorities being Sardar Patel University to reflect the name of the present petitioner on the website of the Sardar Patel University for admission through central admission cell in the course of B.Ed., for intake of 50 students for the academic year 2020- 21 and onwards as per NCTE regulation and further be pleased to quash and set-aside the notification dated 04.03.2020 so as note below the said notification issued by S P University.

Interim reliefs:

B. Pending admission and till final disposal of the petition the Hon'ble Court be pleased to direct respondent university to incorporate name of the present petitioner college on the website of the Sardar Patel University and direct the university to accept the online admission application form for course of B.Ed., in academic year 2020-21 under central admission cell and further be pleased to stay operation, implementation and execution of the notification dated 04.03.2020 and the note below that and Further be pleased to stay the vague notice issued by the NCTE, dated 13.02.2020 based on non-existent contents which is contrary to decision of Hon'ble Court to meet ends of justice.

C. Pending admission and till final disposal of this petition the Hon'ble Court be pleased to direct the respondent-university to allocate students for the seat of intake of 50 students in the course of B.Ed.”

3. The short facts leading to filing of the present petition are as under :

3.1 That the present petitioner is filing this petition challenging the action and inaction on the part of the respondent no.1 and 2 in not including the name of the present petitioner college in prospectus and reflecting name on website of university in list of choice of colleges for filling in admission form through central admission cell of S. P. University for the academic year 2020-21 for the course of B.Ed., which is conducted in the present college on the flimsy ground on issuance of show cause notice by the NCTE to be served upon the petitioner institute without considering the contents of the show cause notice and also without ascertaining the fact as to whether the petitioner has committed any breach of alleged provisions of applicable law when the recognition was granted or have defaulted in complying with the conditions of the regulations has applicable in 2002, 2005, 2007, and 2014 or not.

3.2 That the NCTE regulation 2002 came into force wherein, as per Rules appended as appendix are applicable to the petitioner college, as per rule 7(d) requirement is that lease agreement if any, qua government land, required on long terms lease as per law of the concerned State, will also be considered valid for the purpose for running the B.Ed. College. That as per section 65 and 66 of provisions of Gujarat Municipalities Act, land can be given on lease by the municipa