Sita Devi Memorial Institute of Education & Technology vs Northern Regional Committee of National Council For Teacher Educatiion & Another

The petitioner is an Education Institute, namely, Sita Devi Memorial Institute of Education & Technology, which runs B.Ed. course and B.P.Ed. course at Haridwar (Uttarakhand). The recognition of the Institute, which was earlier granted by the National Council for Teacher Education (from hereinafter referred to as "NCTE"), was withdrawn in the year 2009. Against the derecognition order, the petitioner had earlier filed a writ petition before this Court, which was dismissed by the learned Single Judge of this Court vide order dated 07.10.2014. The said order was subsequently challenged by the petitioner in a special appeal, being SPA No. 58 of 2015, before the Division Bench of this Court, which again was dismissed vide order dated 29.07.2015. However, the only liberty, which was granted to the petitioner, was that petitioner could apply for a de novo recognition before the concerned authority i.e. NCTE. This order was again challenged by the petitioner before the Hon''ble Apex Court in which following order was passed on 11.09.2015:-

"Heard learned counsel for the petitioner. After arguing the matter at some length learned counsel for the petitioner seeks leave of this Court to withdraw the special leave petition, reserving liberty for the petitioner to seek redress in such other proceedings as may be open to the petitioner in law including redress by

way of an appeal, if any, maintainable before the prescribed Appellate Authority. The special leave petition is accordingly dismissed as withdrawn with liberty prayed for. We express no opinion as to the maintainability of the appeal or as to the merits of the contentions available to the petitioner."

By order of the Hon''ble Apex Court (referred above), liberty was granted to the petitioner to file an appeal before the appellate authority, a remedy which the petitioner had not availed earlier. The petitioner consequently moved an appeal before the NCTE, Delhi, which was dismissed vide order dated 15.01.2016. The main ground with the appellate authority for dismissing the appeal was that the case of the petitioner has already been heard and rejected by the learned Single Judge as well Division Bench of the Uttarakhand High Court.

Considering the fact that the case of the petitioner has already been considered at various stages, this Court is also not inclined to interfere in the present matter. Accordingly, the writ petition stands dismissed.

All the same, since the Division Bench of this Court has already given a liberty to the petitioner to apply de novo, that opportunity shall always remain with the petitioner and it is clarified that in case the petitioner applies for de novo recognition of the Institute, the State Government as well as NCTE will consider the case of the petitioner, in accordance with law. It is further made clear, although the orders of de novo recognition is being passed considering the fact that Institute itself was running since 2005 and earlier with a valid recognition. The policy of the State Government for not recognizing any new school and as such "No Objection Certificate" be not given to any new Institute, shall not come in the way of the petitioner, provided the petitioner fulfills all the eligibility, in accordance with law. In case, application is filed by the petitioner before NCTE, the same shall be considered as expeditiously as possible preferably within a period of three months from the date of production of the certified copy of this order.