2026 Supreme(Online)(AP) 6208
IN THE HIGH COURT OF ANDHRA AT P A R M A A D R E A S V H A TI [3460]
(Special Original Jurisdiction)
TUESDAY, THE TENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX
THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY
WRIT PETITION NO: 30978/2025
Between:
1. M VR INSTITUTE OF TEACHER TRAINING, REPRESENTED BY ITS CORRESPONDENT, SRI. M. VENKATA RAMANA REDDY K.NO. 50, PLOT NO. 19-9- 3E/5, TIRUPATI HEAD POST OFFICE, 19TH STREET, TIRUPATI, CHITTOOR DISTRICT, ANDHRA PRADESH -517501, ...PETITIONER
AND
1. T HE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY TO GOVERNMENT DEPARTMENT OF HIGHER EDUCATION TULLURU, SECRETARIAT BUILDINGS VELAGAPUDI, GUNTUR DISTRICT.
2. N ATIONAL COUNCIL FOR TEACHER EDUCATION, THE APPELLATE AUTHORITY REPRESENTED BY ITS DEPUTY SECRETARY (APPEAL) G-7, SECTOR-10, DWARKA, NEW DELHI-110075.
3. N ATIONAL COUNCIL FOR TEACHER EDUCATION, SOUTHERN REGIONAL COMMITTEE, REPRESENTED BY ITS REGIONAL DIRECTOR, G-7, SECTOR-10, DWARKA, NEW DELHI-110075
4. T HE COMMISSIONER AND DIRECTOR, DEPARTMENT OF SCHOOL EDUCATION VENKATADRI TOWERS, OPP DGP OFFICE BESIDE HAPPY RESORTS, ATMAKUR MANGALAGIRI, GUNTUR, GUNTUR DISTRICT ANDHRA PRADESH ...RESPONDENT(S):
NYAPATHY VIJAY, J
Date: 10.03.2026
KLP
Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased toPleased to issue an appropriate Writ, Order or Direction more particularly one in the nature of Writ of Mandamus, declaring the action of the 2nd Respondent, Appellate Authority, National Council for Teacher Education, New Delhi in passing the impugned order dated 16-09-2025 in Appeal No. 89-160/E366530/2025, confirming the order dated 24-01- 2023 passed by the 3rd Respondent, Southern Regional Committee, NCTE, withdrawing the recognition granted to the Petitioner- Institution for conducting D.EI.Ed. course, as arbitrary, illegal, unjust, violative of Articles 14, 19(1)(g) and 21 of the Constitution of India, and contrary to the settled principles of law governing condonation of delay and further ignoring particularly the medical disability and chronic ailment suffered by the Correspondent which caused the delay in filing the appeal justice and consequently set aside the impugned appellate order dated16.09.2025, passed by the 2nd Respondent, and pass
IA NO: 1 OF 2025
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased Pleased to suspend the operation of the impugned order dated 16-09-2025 passed by the 2nd Respondent, Appellate Authority, NOTE, and direct the said authority to reconsider the appeal afresh by affording due opportunity to the Petitioner, in the interest of justice.
IA NO: 2 OF 2025
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased Pleased to direct the Respondents 1 and 4 to forthwith grant affiliation to the Petitioner institution as per the proposals submitted by the Petitioner on 04- 12-2020, pending disposal of the writ petition, in the interest of justice.
Counsel for the Petitioner:
1. VIJAYA KUMAR SATA
Counsel for the Respondent(S):
1. GP FOR HIGHER EDUCATION
2. GP FOR SCHOOL EDUCATION
3. VENNA HEMANTH KUMAR(CENTRAL GOVERNMENT COUNSEL)
The Court made the following:
HON’BLE SRI JUSTICE NYAPATHY VIJAY
W.P.No.30978 of 2025
O R DE R:
The present writ petition is filed questioning the order dated16.09.2025 in Appeal No.89-160/ E366530/2025 confirming the order dated 24.01.2023 passed by the 3rd Respondent-Southern Regional Committee, NCTE, withdrawing the recognition granted to the Petitioner-Institution for conducting D.Ei.Ed., course as arbitrary and illegal.
The facts leading to filing of this case are as follows:
The Petitioner is an Educational Institution offering D.Ei.Ed., course to the students and recognition was issued by the NCTE on 03.03.2015. While so, a show cause notice dated 18.08.2022 was issued under Section 17 of the NCTE Act, stating that the Petitioner had failed to submit GIS location of the Institution, status of the Performance Appraisal Report in compliance of notice dated 29.09.2021. The Petitioner-Institution was called upon to supply land documents, Land Use Certificate issued by the competent authority, non-encumbrance certificate, approved building plan, site plan etc. As there was no response from the Petitioner, a final show cause notice dated 16.09.2022 was issued. Thereafter, the order withdrawing the recognition under Section 17 of the NCTE Act was passed on 24.01.2023. As the Petitioner was unaware of the show cause notices referred above and the consequential order, filed Appeal under Section 18 of the NCTE Act, before Respondent No.2 with a delay of more than two (2) years and the Appeal was dismissed on the ground of delay vide impugned order dated 16.09.2025. Hence, the present Writ Petition is filed.
Counter affidavit was filed by Respondent Nos.2 and 3, wherein it is stated that the time frame for filing Appeal under Section 18 of the NCTE Act, is 90 days and the Appeal was filed with a delay of more than two (2) ye