Khalsa College of Education Vs National Council for Teacher Education — Punjab & Haryana HC (2025) — LawSathi Research

Khalsa College of Education Vs National Council for Teacher Education — Punjab & Haryana HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petition disposed of without issuing notice, with directions that e-mailed replies to the three show cause notices, if received by the competent authority of NCTE, be considered and taken into account before passing any order of withdrawal of recognition under Section 17(1) of the NCTE Act, 1993; the Regional Director, Northern Regional Committee, NCTE restrained from passing any final order pursuant to the notices for fifteen (15) days (failing which he may pass an order under Section 17(1)); and the petitioner left free to file a statutory appeal under Section 18 if aggrieved.

Issue for consideration

Whether the replies to the three impugned show cause notices, which the petitioner says could not be uploaded on the NCTE portal due to a technical glitch but were sent by e-mail, must be considered and taken into account by the competent authority of the NCTE before passing an order of withdrawal of recognition under Section 17(1) of the NCTE Act, 1993.

Court's answer

In case the replies to the impugned three show cause notices sent by the petitioner through e-mail have reached the competent authority of the NCTE, the same shall be considered and taken into account before passing an order of withdrawal of recognition (or otherwise) of the petitioner Institute under Section 17(1) of the Act of 1993.

Ratio / Principle

To afford a reasonable and sufficient opportunity to the petitioner for its reply to be considered, the Regional Director, Northern Regional Committee, NCTE is restrained from passing any final order pursuant to the impugned show cause notices for a period of fifteen (15) days.

Key takeaways

If the petitioner does not make any effort to ensure that its replies to the show cause notices reach the Regional Director, Northern Regional Committee, NCTE within fifteen (15) days, the Regional Director shall be free to pass an order under Section 17(1) of the Act of 1993.ratio¶15
Thereafter, the petitioner, if aggrieved, is free to avail the alternative remedy of filing a statutory appeal to the Council under Section 18 of the Act of 1993.obiter¶14

Detailed headnote1 paragraphs

CWP-13253-2025 (Punjab & Haryana HC at Chandigarh, decided 09.05.2025; Sheel Nagu, Chief Justice and Sumeet Goel, Judge) — Khalsa College of Education, GT Road, Amritsar filed a writ petition against three show cause notices issued by the Regional Director, Northern Regional Committee, NCTE — two dated 01.04.2025 (Annexures P-5 and P-6) and the third dated 02.04.2025 (Annexure P-7) — seeking explanation as to why the Institute's recognition be not withdrawn on account of non-submission of Performance Appraisal Reports for academic sessions 2021-22 and 2022-23 of its B.A. B.Ed./B.Sc. B.Ed. and M.Ed. courses. The petitioner contended that its replies, though prepared and submitted, could not be uploaded on the NCTE website due to a technical glitch and defective portal. Considering the short prayer, the Court disposed of the petition without issuing notice, directing that if the replies sent by e-mail have reached the competent authority of NCTE, they be considered and taken into account before passing any order of withdrawal of recognition under Section 17(1) of the NCTE Act, 1993; restrained the Regional Director from passing any final order pursuant to the notices for fifteen (15) days, failing which he is free to act under Section 17(1); and left the petitioner free to avail the statutory appeal under Section 18 of the Act of 1993 if aggrieved.

CWP-13253- 2 025 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CWP-13253- 2 025 Date of decision : 09.05. 2 025

Khalsa Co l lege of Education, GT Road, A m ritsar …….Petitio n er Versus National Council for Teacher Education a n d another ...….Respond e nts

CORAM: H ON'BLE MR. JUSTICE SHEEL N A GU, CHIEF JUSTICE H ON'BLE MR. JUSTICE SUMEET G OEL

Present: None.

SHEEL NAGU, CHIEF JUSTICE ( Or a l )

The present petition has be e n filed against three show c a use notices, t w o dated 01.04.2025 (Annexures P-5 and P-6) and the third d ated 02.04.202 5 (Annexure P-7), issued by the Regional Director, Nort h ern Regional Committee, National Council for Teacher Education, see k ing explanatio n of the petitioner Institute a s to why its recognition be not withdrawn on account of non-submission o f Performance Appraisal Repor t for the acade m ic sessions 2021-22 and 2022 - 23 of B.A. B.Ed./B.Sc. B.Ed. and M.Ed. cou r ses.

The contention of the petition e r appears to be that due to tech n ical glitch and p ortal of NCTE being defective, reply to the aforesaid three no t ices prepared a n d submitted by it could not be u ploaded on the website. 3. Considering the short praye r made in the petition, this C ourt deems it a ppropriate not to issue notice a nd disposes of the petition w i th a direction t h at in case, replies to impugned t hree show cause notices sent b y the petitioner t hrough e-mail have reached th e competent authority of the N C TE, same be c onsidered and taken into ac c ount before passing an orde r of

NAROTAM DASS 2025.05.12 11:13 I attest to the accuracy and authenticity of this order/judgment

CWP-13253- 2 025 -2-

withdrawa l of recognition or otherwise of the petitioner Institute, u n der Section 17 (1) of the National Council fo r Teacher Education Act, 1993 (for brevity, ‘ A ct of 1993’).

3.1 Thereafter, the petitioner, i f aggrieved, is free to avail the alternative remedy of filing statutory appe a l to the Council under Section 18 of the Act of 1 993.

3.2 To ensure proper adjudication of this order and to affo r d a reasonable and sufficient opportunity to the petitioner for its reply t o be considered, the Regional Director, Nort h ern Regional Committee, National Council f o r Teacher Education, is restr a ined from passing any final o rder pursuant t o the impugned show cause noti c es, for a period of fifteen (15) d ays. It is made clear that in case, the petitione r does not make any effort to e n sure that replie s to the show cause notices state d to be filed by it reach the Regional Director, Northern Regional Committe e , National Council for Teacher Education, within a period of fifteen ( 15) days, the Regional Dire c tor, Northern R egional Committee, National C ouncil for Teacher Education, s hall be free to p ass an order under Section 17 ( 1 ) of the Act of 1993.

Accordingly, the petition stan d s disposed of.

( SHEEL NAGU ) CHIEF JUSTICE

( SUMEET GOEL ) May 09, 2 0 25 JUDGE narotam

Wheth er speaking/reasoned	Yes/No
Wheth er reportable	Yes/No

NAROTAM DASS 2025.05.12 11:13 I attest to the accuracy and authenticity of this order/judgment