Dismissed

H.F.M. Degree College v. National Council for Teacher Education

Rajasthan HC21 Oct 2021CW/6809/2021

Case brief

AI extract

What is this about?

A writ petition challenging an NCTE order was dismissed. The court held that the petitioner has an efficacious statutory remedy under Section 18 of the NCTE Act and distinguished a similar case where the petitioner appeared before the final order. The petitioner is directed to file an appeal within four weeks.

What did the court decide?

Writ petition and stay application disposed of; directed to file appeal within four weeks.

H.F.M. Degree College Vs National Council for… — Service and Employment | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 6809/2021

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H.f.m. Degree College, Bhagu Ka Gaon, Jaisalmer Parental Body Madarsa Qadariya Faiz-E-Sikandairya Sansthan, Dhibba Para, Jaisalmer Through The Secretary Badhey Khan S/o Babre Khan, Aged 47 Years, Resident Of Dhibba Para, Jaisalmer.

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----Petitioner

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Versus

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National Council For Teacher Education, New Delhi, Through The Chairperson, Hans Bhawan, Wing Ii, 1, Bahadur Shah Zafar Marg, New Delhi.

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The Western Regional Committee, National Council For Teacher Education, Through Its Under Secretary, Plot No.g-7, Sector-10, Near National Highway Authority, Dwarka, New Delhi.

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----Respondents

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For Petitioner(s)	: Mr. CS Kotwani
For Respondent(s)	: Mr. Vivek Shrimali

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JUSTICE DINESH MEHTA

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Order

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21/10/2021

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The present writ petition is directed against the order dated 17.09.2017 passed by Regional Director of National Council for Teacher Education.

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Mr. Shrimali, learned counsel for the respondents at the outset submits that the petitioner is having an efficacious remedy in the form of Section 18 of the NCTE Act; and that the writ petition suffers from laches.

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In response to argument of Mr. Shrimali regarding availability of statutory remedy, Mr. Kotwani, learned counsel for the petitioner invites Court’s attention towards order dated

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(2 of 2)

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[CW-6809/2021]

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27.05.2019 passed by a Co-ordinate Bench of this Court in SBCWP No.17286/2018 (Choudhary P.R. Teacher Training College Vs. National Council for Teacher Education & Anr.) and submits that since this Court has granted indulgence to the similarly situated institutions, the petitioner is also entitled for similar indulgence.

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Be that as it may. Considering that the petitioner is having statutory remedy in the form of Section 18 of the NCTE Act, this Court not inclined to interfere in the matter, particularly because the petitioner in the case of Choudhary P.R. Teacher Training College (supra) had come before the final order was passed. 5. Petitioner may file an appeal alongwith application for condonation of delay and raise all the grounds, including the argument emanating from the order dated 27.05.2019, Choudhary P.R. Teacher Training College (supra).

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If the appeal is filed within a period of four weeks from today, the appellate authority shall consider the delay condonation application and appeal in accordance with law, without being influenced by the fact that petitioner’s writ petition has not been entertained by this Court.

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The writ petition as well as stay application stand disposed of.

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(DINESH MEHTA),J

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34-Rahul/-

H.F.M. Degree College v. National Council for Teacher Education

Case brief

What is this about?

What did the court decide?

H.F.M. Degree 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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