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2026 DAILYLAW 17211 (RAJ)

VAGEESH CHAMPA CHARITABLE TRUST v. NCTE AND ORS

CW/2907/2018 · 2026-01-06

Anoop Kumar Dhand

body2026

Judgment text

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[2026:RJ-JP:83] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 2907/2018 Vageesh Champa Charitable Trust, Through Its Secretary Gopesh Chand Sharma S/o Shri Vageesh Chand S, Resident Of C-105, Nirman Nagar, Ajmer Road, Jaipur Rajasthan ----Petitioner Versus 1. The National Council For Teacher Education, Through Its Chairman, Hans Bhawan, Wing-II, Bahadur Shah Zafar Marg, New Delhi 2. Northern Regional Committee, National Council For Teacher Education Through Its Regional Director, Fourth Floor, Jeevan Nidhi-II, LIC Building, Bhawani Singh Marg, Ambedkar Circle, Jaipur - 302005 3. University Of Rajasthan Through Its Registrar, J.L.N. Marg, Jaipur ----Respondents For Petitioner(s) : Mr. Mahesh Gupta with Mr. Prabhansh Sharma For Respondent(s) : Mr. Kinshuk Jain with Mr. Saurabh Jain and Mr. Parth Khandal JUSTICE ANOOP KUMAR DHAND Order 06/01/2026 1. By way of filing the instant petition, a challenge has been led to the impugned order dated 23.01.2018, passed by the Regional Director, National Council for Teachers Education (for short, “NCTE”), by which the application of the petitioner- institution for recognition of the Four Year Integrated B.A.B.Ed./B.Sc.B.Ed. Course/Programme has been rejected on [2026:RJ-JP:83] (2 of 3) [CW-2907/2018] the technical ground that the list of faculty submitted by the petitioner-institution was not approved by the affiliating body. 2. Counsel for the petitioner submits that aggrieved by the aforesaid action of the NCTE, the petitioner has approached this Court by way of filing the instant petition and during pendency of the same, affiliation as well as verification of faculty list has been granted in favour of the petitioner- institution by the University of Rajasthan, Jaipur vide order dated 13.07.2023. Counsel submits that under these circumstances, a direction be issued to the NCTE to pass a fresh order in light of the subsequent event, which has occurred during pendency of the instant petition, i.e., the order dated 13.07.2023 passed by the University of Rajasthan. 3. Per contra, learned counsel for the respondent-NCTE has taken a preliminary objection on the maintainability of the instant petition. He submits that as per Section 18 of the The National Council For Teacher Education Act, 1993 (for short, “the Act of 1993”), the order impugned is appealable before the Appellate Authority, but without availing the alternative statutory remedy of filing appeal, the petitioner has straightaway approached this Court, bypassing the jurisdiction of the Appellate Authority. Hence, the instant petition is not maintainable and the same is liable to be rejected on this count alone. 4. Heard and considered the submissions made at the Bar and perused the material available on record. 5. Basically the petitioner is aggrieved by the impugned order dated 23.01.2018 passed by the Regional Director, NCTE. [2026:RJ-JP:83] (3 of 3) [CW-2907/2018] In fact the aforesaid order is appealable under Section 18 of the Act of 1993. However, without filing an appeal, the petitioner has filed the instant petition, bypassing the jurisdiction of the Appellate Authority. 6. In the considered opinion of this Court, whenever an alternative statutory remedy is available to a person, he cannot be allowed to bypass the jurisdiction of the said authority. 7. On this count alone, the instant writ petition stands disposed of, granting liberty to the petitioner to file statutory appeal under Section 18 of the Act of 1993 within a period of three weeks from the date receipt of certified copy of this order. 8. In case, such appeal is submitted by the petitioner within the above stipulated time, it is expected from the Appellate Authority to decide the appeal expeditiously, as early as possible, preferably within a period of eight weeks thereafter, strictly in accordance with law after affording due opportunity of hearing to the petitioner, ignoring the period of limitation. It is made clear that the order shall be passed after taking into consideration the order dated 13.07.2023 passed by the University of Rajasthan, Jaipur. 9. The stay application and all pending applications, if any, also stand disposed of. (ANOOP KUMAR DHAND),J KuD/19