Court No. - 18
Case :- WRIT - C No. - 42053 of 2017 Petitioner :- Smt. Phula Devi Mangru Singh Memorial Mahavidyalaya Azamgarh Respondent :- National Council For Teacher Education And Another Counsel for Petitioner :- Neeraj Tiwari,Rohit Pandey Counsel for Respondent :- Rashmi Tripathi,Bharat Pratap Singh,Dhananjay Awasthi
Hon'ble Ajay Bhanot,J.
Heard Ms. Shambhavi Tiwari, learned counsel holding brief of Shri Rohit Pandey, learned counsel for the petitioner and Sri Bharat Pratap Singh, learned counsel for the respondents-NCTE.
The instant writ petition has been filed seeking quashing of the orders dated 28.06.2016 and 21.08.2017 issued by National Council for Teacher Education (for short 'NCTE'). The petitioner is an educational Institution and according to the petitioner, it was granted recognition by NCTE by order dated 02.05.2016 to run D.El.Ed. course. The order specifically recites that there would be two units comprising of 100 students. Subsequently, on 28.06.2016 the approved for annual intake was reduced to 50 seats. It was followed by a corrigendum dated 28.06.2016, wherein also approval of annual intake has been shown as 50. It is these two orders, which are under challenge.
The main contention of learned counsel for the petitioner is that the order dated 28.06.2016, whereby the earlier recognition order dated 02.05.2016 was amended, had been passed without opportunity of hearing to the petitioner Institution.
Sri Bharat Pratap Singh, learned counsel appearing on behalf of NCTE has obtained instructions in the matter. He submitted that under the NCTE Regulation, one unit comprises of only 50 seats, and according to him, there was a mistake in the initial recognition order dated 02.05.2016, whereby the NCTE had approved two units of 100 seats. On the other hand, learned counsel for the petitioner submitted that the NCTE had taken a considered decision to approve 100 seats.
Sri Bharat Pratap Singh, does not dispute that the impugned corrigendum was issued without any show cause notice or opportunity of hearing to the petitioner Institution.
The instant petition has been filed at a very belated stage, and therefore, instead of quashing the said order, this Court considers it appropriate that the petitioner be provided a post-decisional hearing, to which learned counsel for NCTE is also agreeable to.
Accordingly, it is hereby directed that in case, the petitioner approaches the NCTE with a fresh representation along with certified copy of this order, the second respondent shall take decision on the same within a period of next four weeks. The impugned orders will abide by the decision, which would be taken by the second respondent in compliance of this order.
The writ petition stands disposed of accordingly.
Order Date :- 20.9.2021 Ashish Tripathi