Neutral Citation No. - 2025:AHC:23467 Court No. - 32 Case :- WRIT - C No. - 28069 of 2024 Petitioner :- Kishori Lal Mahavidyalaya Respondent :- Union Of India And 2 Others Counsel for Petitioner :- Pravin Kumar Srivastava,Sarita Singh,Sr. Advocate Counsel for Respondent :- Vaibhav Tripathi,A.S.G.I.,Bharat Pratap Singh,Vivek Kumar Rai Hon'ble Saral Srivastava,J. 1. Heard Sri A.K. Gupta, learned Senior Counsel assisted by Sri Pravin Kumar Srivastava, learned counsel for the petitioner and Sri Vaibhav Tripathi, learned counsel for the respondent No.3. 2. It appears that the petitioner-institution had applied for affiliation to the University for B.Ed. course. The University has now granted No Objection Certificate to the petitioner. This Court on 28.09.2021 passed an order in Writ-C No.17382 of 2021 directing the National Council for Teacher Education (NCET) to take the decision with regard to start the B.Ed. course strictly in accordance with law and inform the petitioner in regard to the No Objection Certificate. 3. When the order of this Court dated 28.09.2021 was not complied with, the petitioner preferred Contempt Application (Civil) No.5346 of 2022 in which this Court on 12.10.2022 passed the following order:- "Sri B.P.Singh, Advocate, has appeared on behalf of opposite party and placed before the Court the minutes of 377th Emergent Meeting held on 14th September, 2022. From perusal of the minutes, it appears that the opposite party No.1 is trying to circumvent the order of writ Court dated 28.9.2021 and is not complying the same. Issue notice to opposite party No.1 fixing 12th December, 2022. List this matter on 12th December, 2022. However, one more opportunity is granted to the opposite party to comply with the order within a month and file an affidavit of compliance within the aforesaid period or else charges may be framed after summoning the noticee. The noticee need not appear at this stage. The office may send a copy of this order along with the notice." 4. It transpires from the record that in compliance of the order dated 12.10.2022, the respondent No.2 passed the order dated 22.03.2023 which is impugned in the writ petition. 5. After filing the writ petition challenging the order dated 22.03.2022 passed by the respondent No.2, the contempt application was dismissed with leave to the petitioner to file the order passed by the NCET. 6. Challenging the aforesaid order, learned counsel for the petitioner has contended that once this Court by order dated 28.09.2021 passed in Writ-C No.17382 of 2021 has directed the respondent No.2 to decide the claim of the petitioner for recognition for B.Ed. course in accordance with law, it was incumbent upon the respondent No.2 to consider the claim of the petitioner as per the provisions existing on the date of filing the application and record the finding for grant of recognition for B.Ed. course to the petitioner-institution. It is submitted that the order impugned is non-speaking and without application of mind and in the teeth of the judgement of this Court passed in Writ-C No.17382 of 2021. 7. Learned counsel for the respondents though contend that it is evident from the order impugned that one of the reasons assigned in rejecting the application of the petitioner is that the Government has introduced the Education Policy in the year 2020 and in such view of the fact, the petitioner-institution cannot be granted the recognition for starting the B.Ed. course. 8. Be that as it may, the impugned order reflects that it is devoid of any reasons. The relevant extract of the impugned order reads as under:- "The NRC considered the application of the institution and decided that the application of the institution for grant of recognition for B.Ed. course be returned to the institution along with processing fee, if submitted. The NRC further decided that LPA as decided by NRC in its 383 meeting held on 31 October & 1 November 2022 need not to be filed. In light of the above decision of NRC, the Original Regulatory File of Kishori Lal Mahavidyalaya for B.Ed. Course is being returned to along with processing fees." 9. Perusal of the impugned order does not disclose that the respondent No.2 while rejecting the application of the petitioner has not applied his independent mind or recorded any reason as to why the petitioner-institution is not eligible for being granted the recognition for running the B.Ed. course. 10. Learned counsel for the respondents also could not show from the impugned order that any reason has been assigned by the respondent No.2 in passing the impugned order. 11. Further, perusal of the impugned order, reflects that it has been passed in the teeth of the judgement of this Court in Writ-C No.17382 of 2021 inasmuch as this Court has directed the respondent No.2 to take the decision in the case of the petitioner- institution strictly in accordance with law. 12. Since the impugned order has been passed in the teeth of the judgement of this Court in Writ-C No.17382 of 2021, therefore the impugned order cannot be sustained in law and is accordingly set aside and the matter is remitted to the respondent No.2-Director, National Council for Teacher Education (NCET), New Delhi to decide the claim of the petitioner afresh in accordance with law considering the Policy applicable on the date of submission of the application by the petitioner. 13. With the observation made above, the writ petition is allowed. Order Date :- 18.2.2025 SS Digitally signed by :- SUNIL KUMAR SHARMA High Court of Judicature at Allahabad