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SANJAY KUMAR MEDHI
Kamala Bezbaruah Memorial College Of Teacher Education – Appellant
Versus
Union Of India – Respondent
JUDGMENT :
SANJAY KUMAR MEDHI, J.
The legality and validity of an order dated 28.08.2019 passed by the Eastern Regional Committee, National Council of Teacher Education (NCTE) by which the recognition of the petitioner College was withdrawn is the subject matter of challenge. The petitioner is also aggrieved by an order dated 05.12.2019 passed in the Statutory Appeal preferred before the NCTE Delhi against the aforesaid order of withdrawal of recognition. During the pendency of the writ petition, the matter was reconsidered in the 306th meeting of the ERC held on 14/15 September 2022, in which the impugned decision was affirmed and therefore, such affirmation has also been taken into the purview of the present challenge to do substantial justice to the parties before the Court. The principal ground of challenge is that the impugned decision has been taken on wholly irrelevant factors and extraneous considerations.
2. Before going to the issue which has arisen for consideration, it would be convenient if the facts of the case are narrated in brief.
3. The petitioner is a College of Teacher Education which was established in the year 1990 in the district of Jorhat for imparting teacher e
Compliance with the minimum built-up area requirements is essential for the recognition of teacher education institutions.
An institution must comply with the NCTE's built-up area requirements to maintain recognition, and inspection is not obligatory if documentation clearly shows non-compliance.
Compliance with NCTE Regulations is essential for recognition; failure leads to withdrawal of recognition, as demonstrated in this case.
The appellate authority must consider the documents submitted by the petitioner and make acceptable findings before making a decision on the withdrawal of recognition.
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 importance of proof of service of the Show Cause Notice and the violation of principles of natural justice influenced the court's decision.
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