Writ petition by an institution contesting NCTE's rejection of its recognition application. Court dismissed the petition, noting that despite correcting defects, the appeal was filed significantly in time, and application had lost significance due to delay.
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Court No. - 19
Case :- WRIT - C No. - 17041 of 2018 Petitioner :- Jai Maa Khandwari Shikshan Evam Parishikshan Seva Samiti And Another Respondent :- Union Of India And 2 Others Counsel for Petitioner :- K.K.Rao Counsel for Respondent :- A.S.G.I.
Hon'ble Manoj Kumar Gupta,J.
The petitioner institution applied for grant of recognition from National Council for Teachers Education (N.C.T.E.) for conducting D.El.Ed. course. The application was rejected by the Northern Regional Committee on 2.9.2016. The rejection order clearly mentioned that an appeal could be filed against the same within 60 days under Section 18 of the N.C.T.E. Act, 1993. The petitioners filed an appeal, but with a delay of 11 months and 8 days. The appeal has been rejected by the appellate authority by order dated 13.2.2018. Aggrieved by these orders, the instant writ petition has been filed.
Counsel for the petitioners submitted that the appeal has been rejected solely on the ground of limitation, although the petitioner institution has duly removed the defects pointed out by the show cause notice issued on 11.6.2016.
The show cause notice dated 11.6.2016 was issued pointing out as many as three defects. The petitioner institution submitted a reply on 2.8.2016. After considering the same, the Northern Regional Committee in its 256 meeting decided to reject the application on the ground that building plan submitted by the petitioner institution had not been approved by the competent government authority. Concededly, the appeal was filed with a delay of more than 11 months. The recognition is granted by N.C.T.E. every year. In such view of the matter, the application filed in the year 2015 has, even otherwise, lost its significance. It is always open to the petitioner institution to apply afresh within the prescribed time and in which event, the application shall be considered in accordance with law, without being influenced by the impugned orders.
The petition stands disposed of with the above observation.
(Manoj Kumar Gupta, J)
Order Date :- 14.5.2018 SL
Jai Maa Khandwari Shikshan Evam Parishikshan Seva Samiti
Union Of India
Manoj Kumar Gupta
As recorded by the court registry
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