Neutral Citation No. - 2025:AHC-LKO:19481 Court No. - 8 Case :- WRIT - C No. - 3314 of 2025 Petitioner :- Lakshya College Of Management And Technology, Bijnor Thru. Authorized Signatory Anuj Kumar Singh Respondent :- State Of U.P. Thru. Prin. Secy. Higher Education, Lko. And Others Counsel for Petitioner :- Ajay Pratap Singh Counsel for Respondent :- C.S.C.,Anagh Misra Hon'ble Jaspreet Singh,J. Heard Shri Ajay Pratap Singh, learned counsel for the petitioner. Notice on behalf of the respondents No.1 and 2 has been accepted by the office of Chief Standing Counsel. Shri Anagh Misra, learned counsel has accepted notice for the respondent No.3. By means of the instant petition, the petitioner seeks the following reliefs:- "(i) To issue a writ, order or direction in the nature of MANDAMUS commanding the Opposite Parties specially the Opposite Party No.3 National Council for Teachers Education, New Delhi to allow the Petitioner Institution to submit the Performance Appraisal Report (PAR) on the official website of the Opposite Party No.3 in respect of year 2021- 22 and 2022-23 for B.E.L.Ed and D.El.Ed. Course. (ii) To issue a writ, order or direction in the nature of MANDAMUS commanding the Opposite Parties No.2 to not withdraw the recognition granted to the Petitioner Institution on the ground of non-submission of Performance Appraisal Report (PAR) as the Petitioner Institution is not responsible for non-submission of Performance Appraisal Report (PAR) due to slow server of the Opposite Party No.3" The submission of the learned counsel for the petitioner is that the petitioner is running D.El.Ed Course under the affiliation granted by the State Government. It is the case of the petitioner that a notice was issued by the National Council for Teachers Education (NCTE) dated 22.09.2019 by which the Institutions were directed to submit their performance appraisal report to be uploaded on the official website of National Council for Teachers Education (NCTE) and the compliance thereof was mandatory. It is urged that the said notice dated 22.09.2019 was challenged by several Colleges before the High Court at Delhi, however, the same came to be dismissed by its judgment and order dated 27.05.2021 whereafter the said order dated 27.05.2021 was assailed in appeals which were allowed by means of the order dated 13.03.2023. Against the said order, whereby the appeals were allowed, was assailed before the Apex Court, where the Special Leave Petition came to be entertained and the order dated 13.03.2023 was stayed. However, in the meantime, the petitioner attempted to upload the performance appraisal report, but the same could not be done as the last date fixed for the aforesaid purpose 31.12.2024 had expired. It is in the aforesaid backdrop that the petitioner submits that he had moved representation to the respondents and since they paid no heed to the same, accordingly, the petitioner has approached this Court for the reliefs as noticed hereinbefore. A specific query was put to the learned counsel for the petitioner to indicate the representation made by the petitioner seeking uploading of appraisal report to which he answered that the same has been brought on record as Annexure No.10. He has also submitted that the petitioner had mailed the respondents-authorities on 31.12.2024 at 10:03 PM, but there has been no response to it, a copy of which is at running page No.68 of the paper-book. Having considered the aforesaid and from a perusal of the material on record, apparently the letter dated 31.12.2024 which is on record as Annexure No.10 has been sent by the Lakshya Development Welfare Society, however, it could not be demonstrated as to how this society had any connection with the petitioner. It also does not indicate as to how the letter dated 31.12.2024 was served on the respondent No.3. Be that as it may, the mail is also dated 31.12.2024 and there is nothing on record as of now which indicates that the petitioner has moved any representation as alleged by him and in absence of any representation by the petitioner, this Court is not inclined to entertain the petition as for grant of mandatory, it is necessary to establish that there was a demand of legal right enforceable in law which has been denied by the authorities, hence, in absence of clear demand and refusal, the petition is dismissed. It will be open for the petitioner that move a fresh representation and in case such a fresh representation is moved needless to say that the same shall be considered by the authorities concerned on its own merit. Order Date :- 7.4.2025 Rakesh/- Digitally signed by :- RAKESH PRAJAPAT High Court of Judicature at Allahabad, Lucknow Bench