Allowed

School of Physical Education and Sports Development, Opjs University v. National Council for Teacher Education & Anr.

Delhi HC8 Feb 2024W.P.(C)/962/2024

Case brief

AI extract

What is this about?

A university whose D.P.Ed course was recognized by NCTE's Northern Regional Committee in March 2016 but never issued a formal recognition order sought a writ compelling issuance. The court held the petitioner could not be denied a formal recognition order and directed NCTE to issue it within one week.

What did the court decide?

Direction to NCTE to issue formal recognition order for D.P.Ed course with intake of 100 students effective 2016-2017, within one week.

School of Physical Education and Sports Development… — Education and Admissions | Delhi HC (2024)

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$~77

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* IN THE HIGH COURT OF DELHI AT NEW DELHI

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W.P.(C) 962/2024 & CM APPL.7696/2024 and CM APPL. 7739/2024

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SCHOOL OF PHYSICAL EDUCATION AND SPORTS DEVELOPMENT, OPJS UNIVERSITY .... Petitioner Through: Mr. Sanjay Sharawat and Mr. Ashok Kumar, Advocates

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versus

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NATIONAL COUNCIL FOR TEACHER EDUCATION & ANR. ..... Respondents Through: Mr. Rahul Madan, Standing Counsel for R1

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CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR

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O R D E R (O R A L) 08.02.2024

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1. Mr. Sharawat submits that the present writ petition involves a simple issue in which, though the petitioner was actually recognized by the Northern Regional Committee of the National Council for Teacher Education (NCTE) in its 250^th meeting held on 3 March 2016 for the D.P.Ed. course with 100 students with effect from 2016-2017, the NCTE failed to issue a formal recognition order under Section 14 of the NCTE Act. He submits that this is a mere ministerial default of the NCTE, for which the petitioner should not be made to suffer. He points out that, on the footing of the recognition which was admittedly granted by the 250^th meeting of the NCTE to the petitioner, the petitioner institution has been conducting D.P.Ed courses without any

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Signature Not Ver ified

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Page 1 of 3

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Digitally Signed By:AJITW.P.(C) 962/2024 KUMAR Signing Da te:0 9.02.2024 17:53:19

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complaint till date. The faculty recruited for the said course are affiliated by the petitioner as the affiliating body.

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2. Mr. Sharawat further points out that, even on the website of the NCTE, in the list of State wise Teacher Education Institutions, if one clicks the “view” link against the State of Rajasthan, the petitioner University figures as one of the recognized universities, at S. No. 733 in respect of its B.Ed, D.El.Ed. and B.A/B.Sc. B.Ed courses, and at S. No. 981 in respect of its D.P.Ed. and B.P. Ed. courses.

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3. Mr. Sharawat submits that, oblivious of the fact that the error has occurred at its end, the NCTE has addressed a communication to the Rajasthan Staff Selection Board (RSSB) on 19 October 2023 stating that the petitioner institution is not recognized for the D.P.Ed course. He submits that the matter cannot brook delay as it is resulting in daily prejudice to the petitioner. Several of the students who have undertaken the course, he submits, are now up in arms against the petitioner.

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4. None of these facts are disputed by Mr. Rahul Madan, learned Counsel for the NCTE.

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5. I do not see how the petitioner can be denied the right to have a formal recognition order issued for its D.P.Ed course.

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6. In view of the aforesaid, the writ petition has necessarily to be allowed. The NCTE is directed forthwith to issue a formal recognition

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Signature Not Ver ified Digitally Signed By:AJITW.P.(C) 962/2024 KUMAR Signing Da te:0 9.02.2024 17:53:19

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Page 2 of 3

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order for the D.P.Ed. course of the petitioner with an intake of 100 students with effect from the 2016-2017 academic session. Let the requisite order be issued within a period of one week from today.

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7. It is clarified that the petitioner will be treated as a recognized institution for D.P.Ed. with 100 students with effect from 2016-2017.

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8. The next date of hearing i.e. 15 February 2024 stands cancelled.

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9. The writ petition is allowed accordingly.

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C.HARI SHANKAR, J

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FEBRUARY 8, 2024/yg

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Click here to check corrigendum, if any

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Signature Not Ver ified

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Page 3 of 3

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Digitally Signed By:AJITW.P.(C) 962/2024 KUMAR Signing Da te:0 9.02.2024 17:53:19

School of Physical Education and Sports Development, Opjs University v. National Council for Teacher Education & Anr.

Case brief

What is this about?

What did the court decide?

School of Physical Education and Sports Development, Opjs University v. National Council for Teacher Education & Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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