Allowed

Shree Maharaja Vinayak College v. National Council for Teacher Education

Rajasthan HC22 Oct 2019CW/7169/2019

Case brief

AI extract

What is this about?

In a writ petition, the High Court at Jaipur set aside the order of the National Council for Teacher Education's Appellate Authority which dismissed an appeal on grounds of delay. Relying on a coordinate bench judgment, the court directed the authority to decide the appeal on merits after the petitioner files a detailed representation.

What did the court decide?

The impugned order dated 24.12.2018 of the Appellate Authority of NCTE is set aside and the petitioner is directed to file a comprehensive representation setting out reasons for delay with supporting

Shree Maharaja Vinayak College Vs National… — Pension and Retirement Benefits | Rajasthan HC (2019)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 7169/2019

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Shree Maharaja Vinayak College, Paldi Meena, Post-OfficeSanganeri Gate, Tehsil- Sanganear, District- Jaipur (Raj.), Running By Society Of N.l.m. Shiksha Samiti, Sanganeri Gate, Tehsil- Sanganear, District- Jaipur (Raj.), Through Its Secretary Ravi Shanker Meena S/o Shri Babu Lal Meena, Aged About 35 Years, Resident Of Plot No. 1, Dhyawana Nagar, Paldi Meena, Agra Road, Jaipur (Rajasthan).

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----Petitioner

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Versus

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National Council For Teacher Education, Through Its Chairman, Hans Bhawan, Wing-Ii, Bahadur Shah Zafar Marg, New Delhi.

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Northern Regional Committee, National Council For Teacher Education Through Its Regional Director, G-7, Sector-10, Dwarka Delhi-110075.

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----Respondents

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For Petitioner(s)	:	Mr. O.P. Sharma.
For Respondent(s)	:	Mr. Manish Kumar Sharma.

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HON'BLE MR. JUSTICE INDERJEET SINGH

Order

22/10/2019

Heard.

Issue notice.

Mr. Manish Kumar Sharma, accepts notice on behalf of the respondents.

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By way of this writ petition, the petitioner has challenged the order dated 24.12.2018 passed by the Appellate Authority of National Council for Teacher Education, New Delhi.

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(2 of 3)

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[CW-7169/2019]

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Counsel for the petitioner submits that Northern Regional Committee of NCTE has rejected the application submitted by the petitioner for grant of approval of B.A., B.Ed./ B.Sc., B.Ed/ 4 years integrated course vide order dated 30.06.2017. The appeal filed by the petitioner was dismissed by the Appellate Authority on the ground of delay i.e. 1 year & 2 months. Counsel further submits that the Appellate Authority has not considered the application submitted by the petitioner for condonation of delay as the Secretary of the petitioner-Society was unable during the aforesaid period.

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In support of his contentions, counsel relied upon the judgment passed by the Co-ordinate Bench of this court in the matter of ‘Bhartiya Public School Shiksha Samiti Vs. National Council of Teacher Education & Anr .’ passed in S.B. Civil Writs No.27436/2018 vide order dated 17.12.2018 where in it has been held as under:-

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“Referring to opinion of Allahabad High Court in the case of C /M, Pashupati Nath Smarak Mahavidyalay, Sherpur Kala, Post Sherpur, District Ghazipur through its Manager Vs. Member Secretary, National Council for Teacher Education, Delhi & Anr .; Civil Misc. Writ Petition No. 21212/2010, decided on 20th April, 2010; learned counsel for the petitioner urged that reasons for not filing the appeal in time was on account of the fact that the Manager of the institute therein suffered with Abdominal Tuberculosis followed by Hepatitis and it was treated to be a sufficient reason while interfering with the rejection order of the NCTE, as to plea of condonation of delay.

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Having heard the learned counsel for the petitioner and on a perusal of the materials available on record; for the present, the petitioner is required to address a comprehensive representation detailing out the reasons for delay along with supporting documentary evidence so also enclosing the copy of the adjudication in the

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(3 of 3)

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[CW-7169/2019]

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case of C/M, Pashupati Nath Smarak Mahavidyalay (supra), within two weeks hereinafter.

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In case, a representation is so addressed within the aforesaid period, the respondent-NCTE is directed to consider and decide the same by a reasoned and speaking order as expeditiously as possible in accordance with law; preferably, within six weeks from the date of receipt of the representation along with a certified copy of this order.

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In case, representation of the petitioner is allowed; its appeal be considered on merits.

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With the observations and directions, as indicated above, the writ as well as stay application stand disposed off.”

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Counsel for the respondents submits that the Appellate Authority has rightly dismissed the appeal on the ground of delay.

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Heard counsel for the parties and perused the record.

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Considering the facts and circumstances of the present case and in view of the judgment passed by this court in the matter of Bhartiya Public School Shiksha Samiti (supra), the order dated 24.12.2018 is set aside and the Appellate Authority is directed to decide the appeal on merits.

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(INDERJEET SINGH),J

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MG/40

Shree Maharaja Vinayak College v. National Council for Teacher Education

Case brief

What is this about?

What did the court decide?

Shree Maharaja Vinayak College v. National Council for Teacher Education

Case brief

What is this about?

What did the court decide?

What the court decided

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