Disposed

College of Modern Education v. National Council for Teacher Education and Anr.

Delhi HC15 May 2018W.P.(C)/2213/2018

Case brief

AI extract

What is this about?

The petition was disposed of as not pressed. Liberty was granted to the petitioner to file a statutory appeal within two weeks. The appeal, if filed, must be decided by the respondent on merits without considering delay.

What did the court decide?

Petition disposed as not pressed with liberty to file statutory appeal within two weeks to be decided on merits.

College of Modern Education Vs National Council for… — Education and Admissions | Delhi HC (2018)

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$~16

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(C) 2213/2018

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COLLEGE OF MODERN EDUCATION ..... Petitioner Through: Mr.Sanjay Sharawat with Mr.Divyank Rana, Advs.

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versus

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NATIONAL COUNCIL FOR TEACHER EDUCATION AND ANR. ..... Respondents Through: Mr.Aditya Raina, Adv.

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CORAM: HON'BLE MS. JUSTICE REKHA PALLI

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O R D E R

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% 15.05.2018

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After some arguments, learned counsel for the petitioner concedes that the petitioner has not availed the statutory remedy of appeal under Section 18 of the NCTE Act. He however, contends that in the facts of the present case, there was no requirement to file an appeal, since the respondent No.2 had initially in its meeting held on 03.03.2016 granted approval to the petitioner for running D.El.Ed. course, which permission was thereafter recalled in its emergent meeting held on 15 to 17^th March, 2016.

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Learned counsel for the respondent while seeking time to file counter affidavit, also contends that the present petition is not maintainable since the petitioner has not availed the alternate remedy.

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In view of the stand taken by learned counsel for the respondents, learned counsel for the petitioner seeks leave to withdraw the present petition with liberty to file an appeal before

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respondent No.1. He however, prays that keeping in view the facts of the case, the delay in filing the appeal may be condoned and the respondents may be directed to deal with an appeal in an expeditious manner.

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Having heard learned counsel for the parties, I am of the view that there is merit in the contention of learned counsel for the petitioner since the impugned order itself shows that the initial recognition granted to the petitioner was subsequently recalled only on the ground of ban imposed by the State of Haryana. In these circumstances, while granting liberty to the petitioner to file a statutory appeal within two weeks, it is directed that if an appeal is filed by the petitioner within two weeks, the same would decided by respondent No.1 on its own merits and would not be rejected on the ground of delay.

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The petition is accordingly disposed of as not pressed with liberty to the petitioner to file an appeal before respondent No.1 within two weeks; who will then consider the same in an expeditious manner, on its own merits and pass a reasoned and speaking order within a period of six weeks, after following the prescribed procedure.

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Needless to say that in case the petitioner is still aggrieved, it will be at liberty to take legal recourse as permissible under law.

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DASTI.

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REKHA PALLI, J

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MAY 15, 2018 gm

College of Modern Education v. National Council for Teacher Education and Anr.

Case brief

What is this about?

What did the court decide?

College of Modern Education v. National Council for Teacher Education and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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