IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 3641/2026 Decided on: 02.04.2026 Ayushi & Anr. …Petitioners Versus State of H.P. & Ors. .…Respondents ………………………………………………………………………………. Coram Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?1 For the petitioner: Mr. Sanjeev Bhushan, Sr. Advocate with Mr. Rajesh Kumar, Advocate. For the respondents: Ms. Seema Sharma, Deputy Advocate General, for respondents No.1. Mr. Devender K. Sharma, Advocate for respondent No.2. Mr. Dilip Sharma, Sr. Advocate with Mr. Manish Sharma, Advocate, Advocate for respondent No.3. Jyotsna Rewal Dua, J. Notice of this petition as well as application for interim directions was issued on 24.03.2026 and the matter was heard accordingly. 1 Whether reporters of the local papers may be allowed to see the judgment? yes 2 2. Following order was passed in this matter on 24.03.2026: - “2. Heard. CWP No. 14172 of 2025 (The Higher Education Institution Society versus National Council for Teacher Education and others) was decided on 23.02.2026 as under: - 5. During the course of hearing today, learned counsel appearing for the respondents as also the applicant in CMP No. 27485 of 2025, referred to the order dated 02.02.2026 passed by the respondent No.2 (NRC). The said order has decided the case of the petitioner regarding its recognition for offering 02 units of B.Ed Course. The decision has been rendered in view of remand of the case by respondent No.1 to respondent No.2 for fresh decision. Under the fresh order dated 02.02.2026, respondent No.2 has withdrawn the recognition of petitioner-college for conducting B.Ed. Programme with annual intake of 100 students i.e. 02 basic units of 50 students on the grounds delineated in the order. It is not in dispute that petitioner has statutory remedy of preferring an appeal before respondent No.1 available to it under Section 18 of the Act, against the order dated 02.02.2026 passed by respondent No.2. The aforesaid order was passed by respondent No.2 pursuant to the directions issued to it by respondent No.1 under order dated 12.03.2025 (Annexure P-7). In view of the order dated 02.02.2026 passed by respondent No.2, present writ petition has been rendered infructuous. It is disposed of accordingly. It is for the petitioner to seek appropriate remedy in accordance with law under the National Council for Teacher Education Act, 1993, against the order dated 02.02.2026 passed by respondent No.2. The order dated 02.09.2025 passed in this writ petition, that was subject to final outcome of the writ petition, therefore, stands vacated. It is open to the petitioner to seek remedy for all 3 its grievances in accordance with law before the appropriate authority. All pending applications, including CMP No.27485 of 2025, to stand disposed of in view of above order. While deciding the writ petition, it was noticed that National Council for Teacher Education (NCTE) on 02.02.2026 had withdrawn the recognition of Vallabh Government College (VGC in short) for conducting B.Ed. Programme with annual intake of 100 students i.e. 02 basic units of 50 students on the grounds delineated in the order and the concerned College had statutory remedy of preferring an appeal before the Competent Authority under Section 18 of the National Council for Teacher Education Act against the order dated 02.02.2026. 2(i) Pursuant to the above decision, respondent No.2- University vide letter dated 09.03.2026 withdrew the affiliation of B.Ed. Programme being run at VGC with immediate effect. Respondent No.2- University issued separate notification on 11.03.2026 to the effect that it shall not conduct any examination for B.Ed. Programme for 2025-26 batch of the students admitted at Vallabh Government College, Mandi as the programme does not possess valid recognition from NCTE and valid affiliation from respondent No.2- University. However, in order to safeguard the academic interest of students, all students who had been provisionally admitted to B.Ed. Programme at Vallabh Government College, Mandi were advised to shift to other affiliated B.Ed. Colleges under respondent No.2-University where seats are available. Migration/adjustment was to be processed by the 4 University subject to availability of vacant seats and fulfillment of applicable rules. Relevant portion of notification dated 11.03.2026 issued by respondent No.2- University reads as under:- “Accordingly, it is hereby notified that Sardar Patel University, Mandi shall not conduct any examination for the B.Ed. Programme for this batch (2025-26) of students admitted at Vallabh Government College, Mandi, as the programme presently does not possess valid recognition from NCTE and valid affiliation from the University. In order to safeguard the academic interests of the students, all students who were provisionally admitted to the B.Ed. Programme at Vallabh Government College, Mandi are advised to shift to other affiliated B.Ed. colleges under Sardar Patel University, Mandi where seats are available. Such migration/adjustment shall be processed by the University subject to availability of vacant seats and fulfillment of applicable rules. Further, it is clarified that if any student chooses to continue pursuing the B.Ed. Programme at Vallabh Government College, Mandi despite withdrawal of affiliation, he/she shall do so entirely at his/her own risk and responsibility. The University shall not be responsible for the academic validity, examination eligibility or recognition of such study, as the programme currently does not hold valid affiliation with Sardar Patel University, Mandi. This notification is issued in the larger academic interest of the students and for the information of all concerned. Issued by order of the competent authority.” 2(ii) Petitioners are students of VGC who were provisionally admitted in the said college. Their grievance is to the office letter dated 16.03.2026 issued by respondent No.1- the Secretary (Education) to the Government of Himachal Pradesh addressed to Vice-Chancellor of respondent No.2- University on the subject “request for withholding 5 further action regarding withdrawal of affiliation of B.Ed. Programme.” The contents of letter are as under:- “Subject:- Request for withholding further action regarding withdrawal of affiliation of B.Ed. Programme. Sir, This is with reference to letter No. EDNHE(8)A(1)-69/89- 2019 (Self Fin) dated 16.03.2026, received from the Director of Higher Education, H.P., Shimla, on the subject cited above, alongwith its enclosures. As per the information received, 100 students have been admitted/enrolled in the B.Ed. Degree Course (1st Semester) at Vallabh government College (VGC), Mandi, and their examinations are scheduled to be held during March-April, 2026. The Principal, VGC, Mandi, has intimated that, in compliance with the order dated 23.02.2026 passed by the Hon’ble High Court of Himachal Pradesh in CWP No.14172/2025, as well as within the time granted by the Northern Regional Committee (NRC) of NCTE, New Delhi, vide its Order dated 02.02.2026, the College has filed an appeal before the NCTE on 15.03.2026 within the stipulated period, which his presently pending for consideration. However, the University, vide its letter dated 09.03.2026, has withdrawn the affiliation of the B.Ed. Course of VGC, Mandi. This action has caused considerable anxiety and apprehension among the students and their parents, particularly as the examinations are imminent. In view of the situation arising from the withdrawal of affiliation and the pendency of the appeal before the NCTE, it is proposed that the students may be permitted to appear in their 1st Semester examinations as per the notified schedule. The letter of withdrawal dated 09.03.2026 may be withdrawn or be kept in abeyance till the final outcome of the appeal or VGC Mandi be given provisional affiliation till the appeal is not decided by the NCTE.” 6 In terms of above extracted office letter, respondent No.1- Secretary (Education) has proposed to respondent No.2- University that pending appeal before the NCTE, students be permitted to appear in their 1st Semester examination as per notified schedule and letter of withdrawal dated 09.03.2026 be withdrawn or kept in abeyance till the final outcome of the appeal or Vallabh Government College, Mandi be given provisional affiliation till the appeal is decided by the NCTE. 3. The contents of the office letter dated 16.03.2026 prima- facie amount to interference in the adjudicating process. It was pursuant to the order passed by NCTE on 02.02.2026 and decision rendered on 23.02.2026 in CWP No. 14172/2025 that respondent No.2- University had issued office letter dated 09.03.2026 withdrawing affiliation relating to B.Ed. Programme of Vallabh Government College, Mandi and further issued notification for migration/adjustment of provisionally admitted students of Vallabh Government College, Mandi to other institutes under the jurisdiction of respondent No.2- University. The contents of office letter dated 16.03.2026 acknowledge pendency of appeal before NCTE. In such sequence of facts, there was no occasion or justification or competence or jurisdiction with respondent No.1-Secretary (Education) to the Government of H.P. to issue office letter dated 16.03.2026 to respondent No.2 to either withdraw or keep in abeyance the withdrawal of affiliation by respondent No.2 under office letter dated 09.03.2026 or to keep the withdrawal of affiliation pending outcome of appeal or to grant provisional affiliation. Admittedly, appeal by VGC against withdrawal of its recognition is pending before the Appellate Authority, it is for VGC to 7 pursue its appeal in accordance with law. It is certainly not within domain of respondent No.1 to use linguistic gymnastic expressions in form of office letter dated 16.03.2026 for staying the order dated 2.2.2026 passed by NCTE, judgment passed in CWP No. 14172/2025 & withdrawal of affiliation vide letter dated 09.03.2026 & notification dated 11.03.2026. The office letter dated 16.03.2026 shall be treated as non-est by all concerned. However, it is ordered that respondent No.2- University shall proceed further in the matter by protecting the interests of the students expeditiously in terms of notification dated 11.03.2026…………..” 3. During course of hearing today, learned Senior Advocate for the petitioners as also learned counsel for respondent No.2-University have placed on record a notification issued on 01.04.2026 by respondent No.2-Sardar Patel University Mandi, which inter-alia states as under: - “In compliance with the court order in CWP No. 3641 of 2026, and with the approval of competent university authority, the detailed seat allocation is listed below. The allocation is done strictly as per criteria mentioned in previous office order No. SPU/Mandi/CDC/2026/935-943 dated 27th March 2026 and Office Order No. SPU/Mandi/CDC/2026/948-957 dated 27th March 2026 of Sardar Patel University Mandi. i. A total of 51 students submitted their application forms, indicating their preferred colleges for shifting from VGC Mandi in compliance with the Hon'ble Court's order. These students have been allotted colleges strictly as per their preferences, from Serial No. 1 to 51. ii. The remaining 49 students (out of 100 total students) did not indicate their preferences. Accordingly, these students were 8 allotted colleges based on the round-robin formula, as specified in the aforementioned notifications. iii. For this purpose, both the students and the colleges were arranged alphabetically, and allocations were made systematically using the round-robin method. As listed below. Sr. No.1-100 xxxxxxxxx This is issued with approval of competent authority……” 4. Learned Senior Advocate for the petitioners submitted that the above notification dated 01.04.2026 has redressed the grievances of the petitioners and the writ petition, therefore, has been rendered infructuous. Since the grievances of the petitioners have been redressed, therefore, the writ petition has worked itself out. 5. In view of above, the writ petition is disposed of as relief prayed for by the petitioners stands granted to them. Pending miscellaneous applications, if any, shall also stand disposed of. CMP No. 6067/2026 Heard. The application to stand disposed of with liberty to the applicant to seek appropriate remedy for redressal of its grievances, in accordance with law. Jyotsna Rewal Dua Judge 2nd April, 2026(rohit)