SRI KOMAL SAHU SMARAK SHIKSHAN EVAM PRASHIKSHAN SANSTHAN CHAUDHARY RAGHUNATH SINGH MAHAVIDYALAYA Vs. NATIONAL COUNCIL FOR TEACHER EDUCATION & ANR

JUDGEMENT

(1.) As the aforesaid three writ petitions involve an identical issue, the same are being decided by this common order.

(2.) The challenge in this writ petition is, to the order dated June 09, 2016 passed by the respondent no.1 National Council for Teacher's Education (for short 'NCTE') and October 12, 2015 passed by the Northern Regional Committee (for short 'NRC') with a consequential prayer to direct the respondent No.2 to grant a formal recognition to the petitioner under Clause 7 (16) of the NCTE (Recognition Norms & Procedure) Regulations, 2014 (for short 'Regulations of 2014') for B.Ed course from the academic session 2016- 2017.

(3.) The facts as pleaded by the petitioner are, on November 26, 2012, NCTE published notice inviting fresh applications from Institutions desirous to seek recognition for various teacher training courses for the academic session 2013-2014. It is their case, the Trust sponsoring the petitioner being desirous to start a B.Ed course from 2013-2014 academic session and having constructed building and created requisite infrastructure submitted an application to the NRC for B.Ed course on January 4, 2013 by paying a processing fee of Rs.50,100/- and deposited FDRs for Rs.5 lakhs and Rs.3 lakhs respectively. It is the case of the petitioner that the Supreme Court vide order dated September 10, 2013 passed in SLP (c) Nos. 4247-4248/2009 directed the NCTE to frame new Regulations and that all the pending applications shall also be decided in accordance with the new Regulations. In view of the order of the Supreme Court, all pending applications including the application of the petitioner were kept in abeyance by the NCTE. On December 01, 2014, new Regulations were notified. Pursuant thereto, on December 24, 2014 NCTE issued guidelines for the purpose of processing all the pending applications, whereby it was stated that all such applications shall be processed from the stage, they were kept in abeyance in view of the order dated September 10, 2013 passed by the Supreme Court. As the application of the petitioner was pending, the same was required to be processed under the new Regulations and an affidavit was sought by NCTE in a prescribed format to enable the NCTE and NRC process the application further. An affidavit was submitted on January 13, 2015.