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2025 DAILYLAW 39351 (CHH)

ABHIMAN D.EL.ED COLLEGE (Code-202) v. NATIONAL COUNCIL FOR TEACHER EDUCATION (N C T E)

WPC/4313/2025 · 2025-08-12

Shri Arvind Kumar Verma

body2025

Judgment text

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1 2025:CGHC:40720 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4313 of 2025 1 - Abhiman D.El.Ed College (Code-202) Village Kusmura Block And District Raigarh, Through Arun Kumar Katore (Secretary) S/o A.R. Katore, Aged About 51 Years. ... Petitioner(s) versus 1 - National Council For Teacher Education (N C T E) (Statutory Body Of The Government Of India) Western Regional Committee G-7, Sector 10 Dwarka New Delhi 110075. 2 - The Secretary, Department Of School Education And Literacy, Ministry Of Education, Govt. Of India, Shastri Bhawan, New Delhi- 110001. 3 - The Education Secretary, (School Education), Govt. Of Chhattisgarh, Mantralaya, Raipur- 492001, Chhattisgarh Of The Govt. Concerned. 4 - The Secretary, The Director, Chhattisgarh Madhyamic Shiksh Mandal, Pension Bada, Raipur, Chhattisgarh- 492001 Board Of Secondary Education (For D.El.Ed. Courses) 5 - The Director, State Council Of Educational Research And Training, Shankar Nagar, Raipur C.G.- 492007 Scert (In Case Of D.El.Ed.) ... Respondent(s) For Petitioner(s) : Mr. Prabhat Kumar Saxena, Advocate For Respondent No. 1 & 2 For Respondent No. 3 For Respondent No. 4 & 5 : : : Ms. Shweta Rai on behalf of Mr. Ramakant Mishra, DSGI Mr. Satish Gupta, G.A. Mr. Rakshit Tiwari on behalf of Mr. Pankaj Agrawal, Advocate Hon’ble Shri Justice Arvind Kumar Verma, Judge 2 Order on Board 13/08/2025 1. The petitioner has filed the present petition praying for the following relief(s): 10.1 That, this Hon’ble Court may kindly be pleased to quash/ set-aside the letter dated 14.05.2025 (Annexure P/1). 10.2 That, this Hon’ble Court may kindly be pleased to call the entire record of the case, in the interest of justice. 10.3 That, this Hon’ble Court may kindly be pleased to grant any other relief which this Hon’ble Court may deem fit.” 2. Learned counsel for the petitioner submits that the petitioner is challenging the order passed by the NCTE Delhi with letter no. NCTE 2025 WRC PARorder/APP 202 (CG)/2163 dated 14.05.2025 by which NCTE withdrawal of recognition of over institute which is running D.El.ed. College, your letter has been sent to petitioner on dated 28.03.2025 but it has received to petitioner on dated 27.04.2025 so period of 15 days has been left but after receiving the letter petitioner has replied with show cause notice on the portal and also paid the amount of Rs. 29,500/- to the NCTE, but it has not consider by the NCTE and thereafter petitioner written a letter to the Sub-Divisional Officer of NCTE on dated 03.06.2025 for considering the appeal which has been preferred by the petitioner in appeal ID No. APPLWRC 2025 15067 on 3 dated 26.05.2025 for considering the case of the petitioner and requested for the withdrawal of order passed by NCTE on dated 14.05.2025. 3. Learned Counsel for respondent no. 1 & 2 submits that the concerned authority has issued notice to the petitioner on 10.11.2024, 10.12.2024 and subsequently on 31.12.2024 by the NCTE. She further submits that the petitioner has made wrong submission that the notice has been received by the petitioner on 27.04.2025. 4. Learned State Counsel submits that there is a provision of appeal under Section 18 of the NCTE Act, 1993 and petitioner has already availed this remedy, therefore, the present petition is not maintainable and deserves to be dismissed. 5. I have heard learned counsel for the respective parties at length and perused the record with utmost circumspection. 6. Considering the entire facts and circumstances of the case, it is crystal clear that the petitioner has already availed the alternative remedy available to him under Section 18 of NCTE Act, 1993, therefore, NCTE is directed to decide the appeal pending after giving opportunity of hearing to the petitioner, in accordance with law/rules/ regulations within 30 days from the date of receipt of copy of this order. 7. With the aforesaid direction, the present petition is disposed of. 8. It is made clear, that this Court has not expressed any opinion on the merits of the case. Sd/- (Arvind Kumar Verma) JUDGE Madhurima 4