Disposed

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

Delhi HC10 Apr 2024LPA/264/2024

Case brief

AI extract

What is this about?

LPA by NCTE against a Single Judge order directing issuance of recognition for a D.P.Ed. course. With a fresh recognition order issued, the appeal was disposed of leaving legal questions open, the impugned judgment declared non-precedential, Clause 18 waived, and Rs.1 lakh costs imposed on the university.

What did the court decide?

Appeal disposed of; questions of law left open; impugned judgment not to be treated as precedent; Clause 18 of recognition order waived; Rs.1,00,000/- cost on respondent.

National Council for Teacher Education & Anr. Vs… — Education and Admissions | Delhi HC (2024)

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$~1.

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* IN THE HIGH COURT OF DELHI AT NEW DELHI

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LPA 264/2024 & CM APPL. 19748-19749/2024

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NATIONAL COUNCIL FOR TEACHER EDUCATION & ANR.

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..... Appellant

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Through: Ms. Suruchi Agtarwal, Sr. Adv. With Ms. Mrinalin Sen, Ms. Madhawi Agarwal and Mr. Gurmeet Singh, Advs.

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versus

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

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CORAM:

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HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA

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O R D E R % 10.04.2024

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Present Letters Patent Appeal has been filed challenging the judgment and order dated 08^th February, 2024 as well as 13^th March, 2024, passed by a learned Single Judge of this Court in W.P.(C) 962/2024, whereby the writ petition filed by the respondent was allowed and the review petition was dismissed.

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By the main judgment dated 08^th February, 2024, the Appellant/National Council for Teacher Education (NCTE) was directed to issue a formal recognition order for the D.P.Ed. course of the respondentuniversity with effect from 2016-17 academic session.

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/04/2024 at 12:45:09

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Today, learned senior counsel for the appellant has handed over a recognition order dated 08^th April, 2024 recognising the D.P.Ed. course for two units (100 students) under Clause 7(16) of the NCTE Regulations, 2014 from the academic session 2016-17. She, however, states that as the impugned judgment has been passed in the peculiar facts and circumstances of the present case, the questions of law raised in the present appeal be left open and the impugned judgment be not treated as a precedent.

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Learned counsel for the respondent-university admits that there has been a mis-statement in the legal notice issued by the university dated 16^th November, 2023. He, however, states that the mis-statement was due to an inadvertent mistake on the part of the counsel.

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Keeping in view the aforesaid, the recognition order dated 08^th April, 2024 is taken on record and the present appeal is disposed of leaving the questions of law (raised in the appeal) open. However, Clause 18 of the recognition order dated 08^th April, 2024 is waived. 6. For the inadvertent mis-statement in the respondent’s legal notice dated 16^th November, 2023, the respondent-university is directed to pay cost of Rupees One Lakh (Rs.1,00,000/-) to the appellant within four weeks. 7. Since the impugned judgment has been passed in the peculiar facts and circumstances of the case, it is directed that the same shall not be treated as a precedent. Accordingly, the present appeal stands disposed of.

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ACTING CHIEF JUSTICE

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MANMEET PRITAM SINGH ARORA, J

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APRIL 10, 2024 N.Khanna

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/04/2024 at 12:45:09

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

Case brief

What is this about?

What did the court decide?

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

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

Coram

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