On the last date of hearing, Mr.Arjun Harkauli, learned counsel sought time to file counter affidavit. He states that the counter affidavit is ready. He also states that the issue raised in the writ petition can be decided if the petitioner files an appeal against the order dated 28.06.2016 of Eastern Regional Committee whereby the application of the petitioner for conducting D.El.Ed. programme was rejected.

It may be stated here, the petitioner had filed two applications, one for D.El.Ed. and the other is for B.Ed. Under the regulations of NCTE, an institution must conduct two courses simultaneously.

As noted, application for D.El.Ed. was rejected by ERC on 28.06.2016. In so far as B.Ed. course is concerned, a show cause notice dated 26.10.2016 has been issued to the petitioner. I have been informed by Mr. Amitesh Kumar, a reply to the show cause notice has since been filed by the petitioner.

Mr. Harkauli states that it would be appropriate for the petitioner to file an Appeal against the order dated 28.06.2016 of the Eastern Regional Committee before the Appellate Committee. According to him, the Appellate Committee usually meets once in a month and it is expected that the Appellate Committee shall meet in the month of January, 2017. It is his submission that pending consideration of the Appeal by the Appellate Committee, he shall instruct the Eastern Regional Committee not to pass final order on the show-cause notice issued to the petitioner on 26.10.2016. The said statement is taken on record.

In view of the aforesaid submission of Mr. Harkauli, Mr. Amitesh Kumar, learned counsel for the petitioner states that petitioner shall file an Appeal against the order dated 28.06.2016 of the Eastern Regional Committee within three working days.

It is expected that the Appellate Committee of the NCTE shall consider the appeal in the next ensuing meeting, in the month of January, 2017 and pass appropriate orders.

In view of the order passed above, nothing further survives in the writ petition and the same is disposed of as such.

V. KAMESWAR RAO, J

¶23

DECEMBER 14, 2016 RN

Nav Nirman Educational Trust and Anr. v. National Council for Teacher Education and Anr.

Case brief