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2026 Supreme(MP) 64

IN THE HIGH COURT OF MADHYA PRADESH
Anand Pathak and Anand Singh Bahrawat, JJ.
Late Surendra Pratap Shiksha Samiti v. State of M.P.
Writ Petitions No. 26738, 20234, 18551, 48057, 48062 and 48069 of 2025 (G); Decided on 4.2.2026

Advocates appeared:
M.P.S. Raghuvanshi with Mohd. Amir Khan, R.B.S. Tomar and Alok Kumar Sharma for respective petitioners; Ankur Modi, Additional Advocate General for respondents/State; Rahul Yadav and Tapan Kumar Trivedi for respective respondents

Headnote:

National Council for Teacher Education Act, 1993 -- Ss. 14, 15, 16 and 17 -- rejection of affiliation -- petitioner institutions granted recognition by NCTE subject to fulfilment of other conditions of affiliating University -- conditions not fulfilled -- several irregularities found by University on inspection -- lack of necessary facilities including infrastructure -- letter of NCTE regarding status of recognition of petitioners appears to be forged -- NCTE not impleaded as party in writ petitions just to avoid clarification -- institutions also facing criminal investigation on serious charges -- University rightly decided to not continue affiliation to those commercial shops running in name of imparting education -- role of NCTE deserves improvement -- students entitled only to refund of fees and not continuation of course -- petitions dismissed -- cost of Rs. 25,000/- imposed on each institution to be deposited in Juvenile Justice Fund. (2012) 2 SCC 425 and (2016) 16 SCC 110 followed. (2015) 11 SCC 291 and (2019) 16 SCC 391 distinguished. [Paras 13 & 17 to 22]

jk"Vªh; vè;kid f'k{kk ifj"kn~ vfèkfu;e] 1993 & èkkjk 14] 15] 16 rFkk 17 & lac)rk dh ukeatwjh & lac)rk nsus okys fo'ofo|ky; dh vU; 'krsZ iw.kZ djus d¢ v/;èkhu ;kph laLFkkv¨a d¨ jk"Vªh; vè;kid f'k{kk ifj"kn~ }kjk ekU;rk çnÙk dh xà & 'krsZ iw.kZ ugÈ dh xà & fujh{k.k esa fo'fo|ky; }kjk vusd vfu;ferrk,¡ ikà xà & volajpuk lfgr vko';d lqfoèkkv¨a dk vÒko & ;kphx.k dh ekU;rk dh çkfLFkfr d¢ lacaèk esa ifj"kn~ dk i= dwVjfpr çrhr g¨rk gS & Li"Vhdj.k ls cpus d¢ fy, gh fjV&;kfpdkv¨a esa ifj"kn~ d¨ i{kdkj ugÈ cuk;k x;k & laLFkk,¡ xaÒhj vkj¨i¨a ij nkafMd vUos"k.k dk Òh lkeuk dj jgÈ & fo'ofo|ky; us f'k{kk nsus d¢ uke ij py jgh bu okf.kfT;d nqdku¨a dh lac)rk tkjh ugÈ j[kus dk Bhd gh fofuf'p; fd;k & ifj"kn~ dh Òwfedk lqèkkj ;¨X; & fo|kFkÊx.k d¢oy 'kqYd d¢ çfrnk; d¢ gdnkj] ikB~;Øe tkjh j[kus d¢ ugÈ & ;kfpdk,¡ [kkfjt & çR;sd ;kph&laLFkk ij #i;s 25]000@& dk ifjO;; vfèkj¨fir] tks fd'k¨j U;k; fufèk esa fuf{kIr fd;k tk,A ¼2012½ 2 ,llhlh 425 rFkk ¼2016½ 16 ,llhlh 110 vuqlfjrA ¼2015½ 11 ,llhlh 291 rFkk ¼2019½ 16 ,llhlh 391 çÒsfnrA ¼iSjk 13 ,oa 17 ls 22½

ORDER

Pathak, J.-- 1. Regard being had to the similitude of the issue involved, all the petitions were heard analogously and decided by this common order. For convenience's sake, facts of Writ Petition No.26738/2025 are taken into consideration.

2. The present petition (Writ Petition No.26738/2025) under Article 226 of the Constitution is preferred by the petitioners seeking following reliefs:

(i) That, the impugned order dated 2.7.2025 (Annexure P/1) and proceedings dated 5.5.2025 (Annexure P/2) and 9.5.2025 (Annexure P/3) be directed to be quashed.

(ii) That, respondent University be directed to recommend for inclusion of name of petitioner institutes for participation in the ongoing counseling for B.Ed. course for the academic session 2025-26 on their sanctioned seats/intake in accordance with their order of recognition granted by the NCTE. Accordingly, the State Government may be directed to permit the petitioner institute to participate in the ongoing counseling and to grant the admission in accordance with law.

(iii) That, other relief which is just and proper in the facts and circumstances of the case may also be granted.

3. It is the grievance of the petitioners that vide impugned order dt.2.7.2025, the affiliation of the petitioners institution of B.Ed. Course for the academic session 2025-26 has been put on hold on the basis of registration of criminal case so also recommendation of the Standing Committee dt.5.5.2025.

4. It is the submission of learned senior counsel for the petitioners that recognition has already been granted to the petitioners' institution by NCTE for running B.Ed. course vide recognition order dt.31.1.2017. Thereafter, petitioner institution also applied for affiliation from respondent University, which has been continued upto session 2024-25. For the academic session 2025-26, petitioners' institutions applied for affiliation before the respondent University on which a team for inspection of the institutions was constituted. Inspection report of the committee was submitted before the University which was kept in the meeting dt.5.5.2025, on which date affiliation of the petitioners' institution was kept on hold for want of clarification with respect to recognition from the NCTE, Higher Education and STF. It is further submitted that merely on the basis of registration of criminal case by the STF against the petitioners college(s), their affiliation is kept on hold/rejected.

5. Learned counsel further submits that once the recognition has been granted by the National Council for Teacher Education Act, 1993 (hereinafter shall be referred to as the NCTE Act) by exercising powers under section 14 of the NCTE Act, the respondents can not withhold/reject the affiliation. It is also submitted that the action of the respondents to withhold the affiliation of the petitioners' institutions on the ground of registration of criminal case is untenable because such ground is not related to eligibility of students or admission procedure. In support of his submissions, learned counsel relied upon the judgments of the apex Court in the case of Rungta Engineering College, Bhilai and another v. Chhattisgarh Swami Vivekanand Technical University and another (2015) 11 SCC 291 and Nawab Shah Alam Khan College of Engineering v. Jawaharlal Nehru Technology University and others (2019) 16 SCC 391.

6. Per contra, learned counsel for the respondent University submits that Statute 27 Clause 10 lays down the mandatory procedure for inspection of colleges for the purpose of grant or continuation of affiliation. Affiliation can be granted only after inspection by a duly constituted committee and on the basis of its recommendation. Committee was constituted which submitted its report and the same was not satisfactory. It is further submitted that respondents received letter dt.8.5.2025 from NCTE, the contents of which were suspicious, therefore, asking its genuineness a letter was sent to NCTE on 31.5.2025 but no response is recei












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