ST PAULS COLLEGE OF EDUCATION, DISTRICT FARIDABAD AND OTHERS Vs. NATIONAL COUNCIL FOR TEACHER EDUCATION, NEW DELHI AND OTHERS

JUDGEMENT

(1.) This petition is filed by different educational Institutions for directing the respondent-National Council for Teacher Education (for short, "NCTE") to grant recognition to the petitioner-Colleges in terms of National Council for Teachers Education Act, 1993 (for short, "the Act") and to quash the public notice issued by the NCTE, pursuant to the letter written by State of Haryana.

(2.) All the petitioners had applied for grant of recognition under the Act. On 21.9.2007, State of Haryana issued letter, declining to grant permission/no objection certificates to Colleges for running Diploma in Education Course. Pursuant thereto, respondentNCTE issued a public notice stating that the applications from the Colleges situated in various States, including State of Haryana, shall not be entertained for Diploma in Education Courses. On this basis, respondent No.2, Northern Regional Council of NCTE closed the files of the petitioners on 17.3.2009 in terms of the meeting which was held on 20.11.2008. The petitioners filed writ petition in the High Court of Rajasthan at Jaipur. Said writ petition was dismissed in view of statutory remedy of appeal available to the petitioners. The petitioners were accordingly relegated to exercise their alternative remedy.

(3.) The petitioners thereafter filed statutory appeal on 5.1.2010. On 6.7.2011, the petitioners filed Civil Writ Petition Nos.10893, 10894 and 10895 of 2009 and Civil Writ Petition No.850 and 869 of 2010 before the High Court of Delhi. These writ petitions were disposed of vide common order, remanding the case to the Appellate Committee of Teachers Education to decide the cases on merits by giving categoric finding on the ban imposed on the Diploma in Education by NCTE within a period of two months. Thereafter, on 28.10.2011, the petitioners submitted their representation to NCTE but NCTE declined to entertain the appeal by observing that it was beyond their power. Aggrieved against this order, the petitioners again approached the High Court of Delhi and these writ petitions were allowed on 22.12.2011. The order passed by the NCTE dated 28.10.2011 was set-aside and the case was remanded to NCTE to consider the matter afresh. It is thereafter the respondent-NCTE has passed the impugned order on 15.2.2012. The plea is that the impugned order passed by NCTE would show that NCTE has not decided the issue with regard to ban imposed by it as was directed by the Delhi High Court. NCTE is stated to have proceeded on the premise that no objection from the State is essential and mandatory before the application is entertained. This time, the petitioners have chosen to file the present writ petition before this Court and have not gone back to High Court of Delhi at Delhi.