$~76 * IN THEHIGH COURTOF DELHIAT NEW DELHI # CNR No. DLHC010087172026 + W.P.(C) 3167/2026&CM APPL. 15264/2026 MK INSTITUTE OF SECONDARY TEACHER EDUCATION & ANR. .....Petitioner Through: Mr. Amitesh Kumar Ms. Priti Kumari Ms. Vipasha Jain, Advs. versus NATIONAL COUNCIL FOR TEACHER EDUCATION & ANR. .....Respondent Through: Mr. Anuj Kapoor, Mr. Nandeesh Nanda, Ms. Asra H. Rashid, Advs. CORAM: HON'BLE MR. JUSTICE JASMEET SINGH O R D E R % 09.09.2026 1. This is a writ petition filed under Article 226 of the Constitution of India seeking the following relief(s) :- (i) issue a writ of mandamus or any other suitable writ or order holding that the decision of withdrawal taken by WRC in its 309th meeting held on 23rd-26thJuly 2019 resulting in withdrawal order dated 22.03.2018 issued by WRC stands quashed/ annulled by the order dated 14.05.2019 passed by NCTE/Appeal Committee; and/or (ii) issue a writ of mandamus or any other suitable writ or order or directing to respondents to issue the order of restoration of recognition for B.Ed course with intake of 100 seats (two basic units).; and/or This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/09/2026 at 11:50:58 (iii) issue a writ of mandamus or any other suitable writ or order or direction to respondents to display the name of petitioner institution in the list/ category of recognised institutions for conducting B.Ed course on their website and to inform Department of Higher Education, Government of Gujarat communicating the order of restoration of recognition and recognition stan1s of petitioner institution for conducting B.Ed course and enabling admission of students for the academic year 2026-27 and subsequent years… 2. In the present case, admittedly, the withdrawal order dated 22.03.2018 as amended by corrigendum dated 25.06.2018 of WRC, passed by the WRC stood quashed/ annulled by the order dated 14.05.2019 passed by the NCTE Appeal Committee. 3. The law with regard to the said proposition is crystallised in W.P(C) 7260/2021 in Arihant College versus NCTE and more particularly, paragraph No. 7, which reads as under: “7. As several petitions for substantially similar relief are being filed in this Court, it is further directed that, whenever a withdrawal order is challenged by an institution (either by way of appeal or by way of writ proceedings) and the matter is remanded to the concerned regional committee, the regional committee will issue an order of restoration of recognition in favour of the institution, pending reconsideration of the withdrawal order. Although the Appellate Committee of the NCTE would be well advised to expressly quash the This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/09/2026 at 11:50:58 original order of the concerned regional committee while remanding the matter, the position in law is that the order automatically stands quashed. The institution is, therefore, entitled to the benefits of recognition until a fresh withdrawal order is passed. The order of restoration of recognition should be issued within two weeks of the order of remand being communicated to the regional committee, or upon request of the concerned institution. This streamlinedprocedure would obviate the multiplicity of litigation which is being witnessed at present. Neither the concerned institutions nor the NCTE should be put to the burden of filing or defending proceedings before the Court for this purpose.” 4. Mr. Kapoor, learned counsel for the respondent, states that in the present case, the order of the NCTE Appeal Committee is of the year 2019 and the petitioner has approached the Court after 7 years. Hence, the same order cannot be automatically passed. 5. I am of the view, that no doubt there is delay on the part of the petitioner in approaching the Court, but the respondent is also responsible for not deciding the issue afresh after the remand. The respondent cannot merely be relying on the delay on the part of the petitioner, and wash away its hand qua its statutory obligations. 6. Mr. Kumar, learned counsel for the petitioner, on instructions, states that the petitioner based on paragraph reproduced above, has been admitting students on the basis of deemed recognition for the academic year 2025-2026. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/09/2026 at 11:50:58 7. In view of the above, it is deemed appropriate to dispose of the present petition by clarifying that the order dated 14.05.2019 passed by the Appellate Committee would be treated as quashing of the withdrawal order dated 22.03.2018 as amended by corrigendum dated 25.06.2018 of WRC. 8. Let the respondent No.2 take a fresh decision and communicate the same to the petitioner. It will be open to NCTE (Respondent No. 1) to conduct inspection under section 13 of NCTE Act, 1993. 9. The respondent No.2 is directed to issue an order of restoration of recognition within a period of two week from today which will govern the rights and contentions of the parties, until and unless fresh withdrawal order is passed by the respondent No.2. 10. The petitioner is also directed to not undertake any admission till the process under Section 13 of NCTE Act is completed. 11. The status of petitioners as recognized institution will also be reflected on the official website of respondents and will be communicated by the respondent No. 2 to petitioners' affiliating body as well as to the concerned department of the State Government within 1 week. 12. The petition is disposed of in the above terms. JASMEET SINGH, J SEPTEMBER 9, 2026/ SP / MS This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/09/2026 at 11:50:58