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2025 DAILYLAW 85582 (ALL)

ADARSH SHIKSHAN PRASHIKSHAN COLLEGE ROBERTSGANJ AND ANOTHER v. NATIONAL COUNCIL FOR TEACHER EDUCATION AND 2 OTHERS

WRIC/27270/2025 · 2025-08-12

Mayur Jain Jt Registrar J Listing

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Judgment text

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Neutral Citation No. - 2025:AHC:139641 Court No. - 32 Case :- WRIT - C No. - 27270 of 2025 Petitioner :- Adarsh Shikshan Prashikshan College Robertsganj And Another Respondent :- National Council For Teacher Education And 2 Others Counsel for Petitioner :- Adarsh Singh,Nagendra Bahadur Singh,Om Prakash Counsel for Respondent :- C.S.C.,Vaibhav Tripathi Hon'ble Chandra Dhari Singh,J. 1. The instant writ petition has been filed by the petitioner challenging the impugned order dated 20.05.2025 passed by the respondent no. 1, Regional Director, Northern Region Committee, National Council for Teacher Education (N.C.T.E.). 2. Mr. Adarshi Singh, learned counsel appearing on behalf of the petitioners submitted that the impugned order i.e. 20.05.2025 passed by the authority concerned without affording any opportunity of hearing to the petitioner and also not assigning any cogent reasons. It is also apprised the Court that as per the statutory provision i.e. Section 18 of the N.C.T.E. Act an appeal has already been preferred before the appellate authority, which is pending. 3. Mr. Singh, learned counsel appearing on behalf of the petitioner vehemently submitted that counselling for the DEL.Ed Course is already started and prayed that the petitioner institution may be allowed to participate in the on going counseling. 4. Mr. Vaibhav Tripathi, learned counsel appeared in advance accepted notice on behalf of the respondent no. 1 vehemently opposed the instant petition and submitted that the petitioner has already preferred the statutory appeal under Section 18 of NCTE Act. It is also apprised the Court that the petitioner has not submitted the hard copy of the appeal to the appellate authority, which is mandatory requirement as per the NCTE Act, 3rd Amendment Rules, 2011. It is submitted that the petitioner may be directed to submit the hard copy of the appeal to the appellate authority. It is also submitted that before passing the impugned order, the NCTE has given the show cause notice to the petitioner and the same has been duly replied. After consideration of the reply as well as other materials on record the impugned orders have been passed. There is no illegality or error in the impugned orders as stated by the learned counsel appearing on behalf of the petitioner. 5. At this juncture, Mr. Singh, learned counsel appearing on behalf of the petitioner has referred the order dated 16.07.2025 of the High Court of Delhi At New Delhi passed in W.P. (C) 9939/2025 & CM APPL. 41403/2025 (R R Gupta Shikshan Prashikshan Sansthan & Anr. Vs. National Council For Teacher Education & Anr.) alongwith other writ petitions and submitted that the Delhi High Court has stayed the order impugned therein and allowed the respective institutions to participate in the counselling. On the basis of said judgment, it is prayed that the same benefit may be given to the petitioner by this Court. 6. Mr. Singh, learned counsel appearing on behalf of the petitioner has fairly conceded that the impugned orders may be stayed by allowing the petitioner to participate in the ongoing counselling till the disposal of the appeal by the appellate authority. 7. Taking into consideration of the entirety of the matter as well as submissions made by learned counsel for the parties and averments made in the petition, I am of the opinion that since the appeal is pending before the appellate authority, the petitioner shall allow to participate in the ongoing counselling, subject to the outcome of the statutory appeal preferred by the petitioner. 8. In view of the above direction/ observation, the writ petition is disposed of. Order Date :- 13.8.2025 SY (Chandra Dhari Singh,J.) Digitally signed by :- SWETA YADAV High Court of Judicature at Allahabad Digitally signed by :- SWETA YADAV High Court of Judicature at Allahabad Digitally signed by :- SWETA YADAV High Court of Judicature at Allahabad Digitally signed by :- SWETA YADAV High Court of Judicature at Allahabad