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2026 Supreme(Online)(Del) 907

IN THE HIGH COURT OF DELHI AT NEW DELHI
Jasmeet Singh, J
Shanti Niketan College Of Education – Appellant
Versus
National Council For Teacher Education – Respondent
W.P.(C) 19572/2025



Advocates:
For the Appellants/Petitioners: Amitesh Kumar, Priti Kumari, Pankaj Kumar Ray
For the Respondents: Anuj Kapoor, Shivom Sethi, Nandeesh Nanda

Failure to provide a reasonable opportunity for a written representation, as mandated by the proviso to Section 14(3)(b) of the NCTE Act, 1993, prior to refusing recognition or course transition, violates the principles of natural justice and renders the administrative order legally unsustainable.

Headnote:The petitioner challenged an order refusing the transition of its existing B.A.B.Ed/B.Sc.B.Ed course to the Integrated Teacher Education Programme (ITEP). The central issue was whether the respondent was required to provide a reasonable opportunity to the petitioner for making a written representation before refusing the transition, as mandated by the proviso to Section 14(3)(b) of the National Council of Teacher Education Act, 1993. The court held that any decision visiting an entity with civil consequences must comply with the principles of natural justice and the specific mandates of the Act. Regarding the distinction between rejection and refusal under Regulation 7, the court determined that such procedural nuances cannot override the mandatory statutory requirement of providing an opportunity for a written representation under Section 14(3)(b) of the Act. The court reasoned that executive instructions in a Public Notice cannot supersede statutory mandates requiring due process. The court concluded that the failure to grant a reasonable opportunity to address the alleged deficiencies rendered the refusal order unsustainable in law. The writ petition is allowed, and the impugned order dated 25.11.2025 is set aside with liberty to the respondent to issue a show cause notice and pass a fresh order after considering the petitioner's written representation.

Table of Content
1. disposal of pending applications based on parity with coordinate bench orders. (Para 1 , 2 , 3 , 4)
2. procedural requirement for notice and opportunity in refusal of course transition. (Para 5 , 6 , 7 , 8 , 9)
3. strict compliance with statutory natural justice requirements over procedural regulation distinctions. (Para 10 , 11 , 12 , 13)
4. quashing of orders lacking due process and remanding for fresh consideration. (Para 14 , 15 , 16)

O R D E R

CM APPL. 1074/2026

1. This is an application filed under Section 151 of CPC, 1908 seeking that the main writ petition be disposed of in light of the order passed by a Coordinate Bench of this Court in W.P. (C) 19717/2025 dated 24.12.2025.

2. For the reasons stated in the application, issue notice to the respondents.

3. Mr. Sethi, learned counsel accepts notice on behalf of the respondents and has no objection to the application being allowed.

4. The application is disposed of in aforesaid terms.

W.P.(C) 19572/2025

5. This is a writ petition filed under Article 226 of the Constitution of India seeking the following prayers:-

“i. issue a writ of certiorari or any other suitable writ or order quashing the refusal order dated 25.11.2025 issued by Northern Regional Committee (NRC) of NCTE; and/or

ii. issue a writ of certiorari or any other suitable writ or order quashing the para 12 of public notice dated 12.09.2025 issued by Member Secretary of NCTE; and/or

iii. issue a writ of mandamus or any other suitable writ or order directing Respondents to process application for conversion of existing recognition of B.A.B.Ed/ B.Sc.B.Ed to Integrated Teacher Education Programme (ITEP) with consequential direction to issue conversion-recognition order of ITEP course; and/or

iv. issue a writ of mandamus or any other suitable writ or order or direction to respondents to display the name of petitioner institution in the list/category of recognised institutions for conducting ITEP program on their website and to inform affiliating University as well as Department of Higher Education, Government of Haryana enabling participation in the counselling & admission process for the academic year 2026-27 and subsequent years; and/or”

6. For the reasons stated in the petition, issue notice to the respondents.

7. Mr. Kapoor, learned counsel accepts notice on behalf of the respondents.

8. This order is being passed in view of a similar order dated 24.12.2025 passed in W.P.(C) 19758/2025, covering the present issue. Based upon the said order and using the same reasons and expressions, this order is being passed.

9. Mr. Kumar, learned counsel for the petitioners assails the refusal order dated 25.11.2025 issued by Northern Regional Committee (“NRC”), whereby application of the petitioners dated 26.09.2025 for transition of its B.A. B.Ed./B.Sc. B.Ed. course to I.T.E.P. Course has been refused for academic session 2026-27 under Sections 14 /15(3)(b) of National Council of Teacher Education Act, 1993 (“NCTE Act”). It is urged that the impugned order has been passed without following the procedure laid down in Proviso to sub-Section (3)(b) of Section 14 of NCTE Act, which provides that before passing any order under sub-clause (b), the Regional Committee shall provide a reasonable opportunity to the concerned institution for making a written representation. Mr. Amitesh Kumar, learned counsel for the petitioners, submits that at this stage, petitioners will be satisfied if a direction is issued to the respondents to issue a show cause notice and give an opportunity to the petitioners to make a written representation.

10. Learned counsel for the respondents submits that this writ petition is not maintainable as in fact there is no refusal by the respondents albeit the impugned decision is unhappily worded. It is argued that there is a distinction between ‘rejection’ and ‘refusal’ of an application. Where the application is incomplete and/or requisite documents are not attached, the application is to be re

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