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2026 Supreme(Online)(Del) 963

IN THE HIGH COURT OF DELHI AT NEW DELHI
Jasmeet Singh, J
B R College Of Education – Appellant
Versus
National Council For Teacher Education – Respondent
W.P.(C) 128/2026



Advocates:
For the Appellants/Petitioners: AmiteshKumr, 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 comply with the statutory requirement of natural justice by providing an opportunity for written representation before denying recognition or transition to new courses, as executive regulations cannot override mandatory statutory protections.

Headnote:The case involves a challenge to the refusal of a conversion request to the Integrated Teacher Education Programme under Sections 14 and 15 of the NCTE Act. The petitioners contended that the refusal was in violation of the mandatory natural justice provision under the proviso to Section 14(3)(b) of the Act. The court held that administrative decisions entailing civil consequences require adherence to natural justice, regardless of whether the rejection is termed as an 'official refusal' or a procedural summary rejection under regulations. The core issue is whether the statutory requirement to provide an opportunity for written representation before refusal of recognition applies to applications for transition to new courses and whether procedural regulations can override this statutory mandate. The court observed that any executive order or circular cannot operate in derogation of a statute that mandates an opportunity to be heard, as internal procedures cannot nullify statutory protections afforded to institutions. The writ petition is allowed, the impugned refusal order is set aside, and the respondents are directed to issue a show cause notice to the petitioners to allow for a written representation regarding the deficiencies.

Table of Content
1. overview of the petition, the impugned decision, and the procedural context. (Para 1 , 2 , 3 , 4 , 5)
2. summary of rival contentions regarding the breach of natural justice versus regulatory procedural requirements. (Para 6 , 7)
3. judicial assessment on the supremacy of statutory provisions over regulations and the mandatory requirement of natural justice. (Para 8 , 9 , 10 , 11 , 12 , 13)
4. directives given to the parties and the final disposal of the matter. (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 18.11.2025 issued by Western Regional Committee (WRC) ofNCTE;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 ordirection 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 fitand proper in the facts and circumstances of the case”

2. Issue notice.

3. Mr. Anuj 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 18.11.2025 passed by the Western Regional Committee, whereby the petitioners’ application dated 04.10.2025 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, obviating the require

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