Shanti Niketan Institute of Technology, Rahu Nangli, Tehsil Chandpur, district Bijnor (hereinafter referred to as the 'Institution') has sought the quashing the order dated 10th June, 2009 passed by the Regional Director of the Northern Regional Committee of National Council for Teachers Education. The order dated 7th August, 2009 passed by the Appellate Authority has also been impugned in the present petition.
It is stated in the petition that a communication dated 11th June, 2008 was issued by the Regional Committee asking the petitioners to remove the deficiencies mentioned in the letter so that the application submitted by it for grant of affiliation for establishing a new Institution for B.Ed. Teacher Education Programme could be considered. The petitioners submitted a reply whereafter the order dated 10th June, 2009 was passed by the Northern Regional Committee that the application was being returned as the petitioners had not removed the deficiencies. The petitioners filed an appeal which has been rejected by the order dated 7th August, 2009.
Learned counsel for the petitioners has pointed out that the order dated 10th June, 2009 mentions only one deficiency that the land use certificate was not submitted by the petitioners but the Appellate order mentions two more deficiencies namely that the Institution had not submitted a proper building plan and the building completion certificate. It is his submission that the Institution had removed all these deficiencies but the Appellate Authority has recorded incorrect findings that the deficiencies had not been removed. It is pointed out by learned counsel for the petitioners that the land use certificate had been obtained after the order was passed by the Regional Committee and the Appellate Authority was apprised of this fact but it has not been taken into consideration by the Appellate Authority.
Sri R.A. Akhtar, learned counsel for the respondents states that the petitioner may now apprise the Northern Regional Committee of the correct facts so that an appropriate order can be passed.
It is, therefore, for the petitioner-Institution to approach the Northern Regional Committee with all the relevant documents regarding removal of the deficiencies pointed out and in case such an application along with all the relevant documents is filed before the Northern Regional Committee, an appropriate reasoned order shall be passed expeditiously, preferably within a period of six weeks' from the date a certified copy along with all the relevant documents is filed by the petitioners before the Northern Regional Committee. The impugned order shall abide by the final order to be passed by the Northern Regional Committee.
The petition is disposed of subject to the observations made above.
Order Date :- 11.1.2010 NSC