BHAGYODAYA EDUCATION & CHARITABLE TRUST SANCHALIT ARPIT Vs. NATIONAL COUNCIL FOR TEACHERS EDUCATION - WESTERN REGION

JUDGEMENT

(1.) By way of this Letters Patent Appeal, the appellant, which is an educational institution, has challenged the order of the learned Single Judge dated 11.05.2012 rendered in Special Civil Application No.6049 of 2012, by which the learned Single Judge partly allowed the petition filed by the appellant and set aside the order of the appellate authority and the matter is send back to Respondent No.2, National Council For Teachers Education(for short 'NCTE')to take a fresh decision in appeal of the appellant. The learned Single Judge has also observed that Respondent-2, appellate Authority, may fix the date of hearing and the Original authority i.e. Respondent No.1 was asked to schedule hearing within four days from the service of the order. Respondent No.1 was directed to pass a fresh order within three days from the said date. It was also directed that, in case, the decision of the appellate authority is in favour of the appellant, the University shall take necessary action to grant affiliation to the appellant and allot students for admission therein, within one week from receipt of the said order.

(2.) Present appeal is field by the appellant on the limited point to the extent that the learned Single Judge has not continued the interim relief, which was granted in the petition and has modified the same to the aforesaid extent, as indicated above. It is the grievance of the appellant that the learned Single Judge should have continued the interim arrangement which was prevailing, by directing the University to straightaway allot the students to the appellant institution without awaiting the decision of the appellate authority in this behalf.

(3.) The Western Regional Committee(for short 'WRC') of the NCTE gave recognition to the appellant institution under Section-14(3)(g) of the NCTE Act, 1993, on 25.08.2006. Said order is produced at Page-38 of the compilation. The recognition to the appellant's institution was granted with effect from Academic Year 2006-2007. Said recognition was subject to certain conditions attached with the said order. Subsequently, as per the direction of the NCTE, New Delhi, inspection of the various educational institutions was carried out and the institute of the appellant was also inspected. Thereafter, a show cause notice was issued, whereby five deficiencies were pointed out to the appellant, herein. The appellant gave reply to the same. Thereafter, by an order dated 29.11.2008, the recognition given to the appellant's institution regarding its college viz. Arpit College of Education, was withdrawn for Academic Year 2009-2010. As per the grounds stated in the said show-cause notice, various proceedings were taken out by the appellant from time to time in this behalf. Since, a group of various institutions approached this Court, regarding such withdrawal of recognition, the Division Bench of this Court (Coram : Hon'ble the Chief Justice S.J. Mukhopadhaya, as his Lordship then was and Akil Kureshi, J.), by a common judgment, dated 14.05.2010, disposed of the group of petitions, including that of the present appellant's being Special Civil Application No.4576 of 2009. The division Bench of this Court, while disposing of the said group of petitions, gave certain directions, and thereby permitted the concerned institutions to cure the defects. The relevant observations of the Division Bench in this connection are as under: