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2026 Supreme(Online)(Del) 962

IN THE HIGH COURT OF DELHI AT NEW DELHI
Jasmeet Singh, J
Vidyasthali Teacher Training College – Appellant
Versus
National Council For Teacher Education – Respondent
W.P.(C) 126/2026 | CM APPL. 629/2026



Advocates:
For the Appellants/Petitioners: Amitesh Kumr, Priti Kumari, Pankaj Kumar Roy
For the Respondents: Anuj Kapoor, Shivom Sethi, Nandeesh Nanda, Mohinder Rupal, Hardik Rupal, Aishwarya Malhotra, Tripta Sharma

Administrative authorities must adhere to the principles of natural justice and mandatory statutory procedures, such as providing a reasonable opportunity for written representation before refusing course transition, regardless of procedural labels assigned to the rejection.

Headnote:The petitioner filed a writ petition under Art. 226 of the Constitution challenging an order denying the transition of an existing educational programme to a new integrated course, alleging a breach of mandatory procedural requirements under the National Council for Teacher Education Act, 1993. The court determined that the refusal to process the transition without affording a reasonable opportunity for a written representation violates the proviso to S. 14(3)(b) of the Act. The primary issue was whether the respondents were obligated to provide a show-cause notice and an opportunity for representation before rejecting the application. The court held that administrative decisions entailing civil consequences must conform to natural justice and that executive instructions cannot override statutory mandates requiring such procedural fairness. The writ petition is allowed, the impugned order is set aside, and the respondents are granted liberty to issue a show-cause notice and pass a fresh reasoned order after considering the petitioner's response.

Table of Content
1. summary of relief sought and background of the challenge against the refusal order. (Para 1 , 2 , 3 , 4 , 5)
2. key contentions regarding the mandatory requirement of natural justice versus administrative discretion for rejection. (Para 6 , 7)
3. court's reasoning on the applicability of principles of natural justice and the primacy of statutes over executive notices. (Para 8 , 9 , 10 , 11 , 12 , 13)
4. final order granting the petitioner an opportunity to respond to show cause. (Para 14 , 15 , 16)

O R D E R

% 07.01.2026

1. This writ petition is filed on behalf of the petitioners under Article 226 of the Constitution of India seeking the following reliefs:-

i. “issue a writ of certiorari or any other suitable writ or order quashing the refusal order dated 14.11.2025 issued by Western Regional Committee (WRC) of NCTE; and/or

ii. 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

iii. 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 Rajasthan enabling participation in the counselling & admission process for the academic year 2026-27 and subsequent years; and/or

iv. pass any such other orders/directions as this Hon'ble Court deems fit and proper in the facts and circumstances of the case”

2. Issue notice.

3. Mr. Kapoor, learned counsel accepts notice for the Respondents.

4. This order is being passed in view of a similar order dated 24.12.2025 passed in W.P.(C) 19758/2026, covering the present issue. Based upon the said order and using the same reasons and expressions, this order is being passed.

5. The challenge in the present writ petition is directed against the order dated 14.11.2025 passed by the Western Regional Committee, whereby the petitioners’ application dated 05.10.2025 seeking transition of the existing B.A. B.Ed./B.Sc. B.Ed. programme to the Integrated Teacher Education Programme (“I.T.E.P.”) for the academic session 2026-27 was declined under Sections 14/15(3)(b) of the National Council for Teacher Education Act, 1993 (“NCTE Act”).

6. Mr. Kumar, learned counsel for the petitioners, submits that the impugned decision has been rendered in breach of the mandatory procedure prescribed under the proviso to Section 14(3)(b) of the NCTE Act, which obligates the Regional Committee to afford a reasonable opportunity to the institution to make a written representation prior to refusal of recognition. It is further stated that the petitioners would be satisfied if a direction is issued to the respondents to grant such opportunity by issuance of a show cause notice.

7. Per contra, learned counsel for the respondents states that the petition is not maintainable as the impugned order does not state “refusal” of recognition. An application which is incomplete or not accompanied by requisite documents is liable to be rejected summarily under Regulation 7(1) and (2) of the National Council of Teacher Education (Recognition Norms and Procedure) Regulations, 2014, whereas refusal of recognition under Regulation 7(3) is attracted only in cases involving furnishing of false information or concealment of material facts having a bearing on the decision-making process. It is argued that the impugned order dated 18.11.2025 only notes deficiencies in the Petitioners’ application, including failure to establish that it is a multidisciplinary institution and failure to apply under the merger/collaboration category as per NCTE guidelines. The decision, therefore, constitutes a rejection and not a refusal, ob

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