Neutral Citation No. - 2025:AHC:126287 Court No. - 32 Case :- WRIT - C No. - 24630 of 2025 Petitioner :- Committee Of Management Sri Shyam Education College And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ashutosh Kumar Pandey,Sonu Kumar Tiwari Counsel for Respondent :- Avneesh Tripathi,C.S.C.,Vaibhav Tripathi Hon'ble Chandra Dhari Singh,J. 1. The present petition has been filed praying for the following reliefs:- "A- Issue a writ, order of direction in the nature of certiorari for quashing the withdrawal order dated 27.5.2025 issued by respondent no.3 whereby the N.C.T.E. (contained as annexure no.5 to the writ petition). B- Issue a writ, order or direction in the nature of mandamus directing respondent no.3 to permit the petitioner for functioning B.Ed course for the session 2025-26 peacefully." 2. Learned counsel for the petitioners has fairly conceded that there are provision in the Act itself to file an appeal challenging the order impugned. It is further submitted that since the writ petition has been filed before this Court and therefore some delay caused to file the appeal as per Section 18 of the NCTE Act. He has prayed that in pursuance of the impugned withdrawal order dated 27.05.2025, the students who were supposed to withdraw from the instant institution may not be withdrawn till the disposal of the said appeal. 3. Learned Standing Counsel appearing on behalf of the State- respondent has no objection to the prayer made by the petitioner that he may be allowed to file an appeal under Section 18 of the NCTE Act but has opposed the submission of the petitioner not to withdraw the students from the instant institution in pursuance of the impugned withdrawal order dated 27.05.2025. 4. Heard learned counsel for the petitioners, Sri Deepak Chauhan, learned Standing Counsel appearing for the State respondent, Sri Avneesh Tripathi, learned counsel for the respondent no.2 and Sri Vaibhav Tripathi, learned counsel for the respondent no.3 and perused the contents made in the writ petition. 5. Since there are provision for filing appeal under Section 18 of the NCTE Act, therefore the petitioner is directed to file said appeal within ten days from today. It is also directed that if the petitioner files appeal within ten days, the implementation of the impugned withdrawal order dated 27.05.2025 withdrawing the students from the instant institution shall be kept in abeyance till the decision in the said appeal by the appellate authority. 6. Accordingly, the writ petition is disposed of. Order Date :- 29.7.2025 Radhika (Chandra Dhari Singh, J.) Digitally signed by :- RADHIKA VISHWAKARMA High Court of Judicature at Allahabad