Research › Search › Judgment

High Court of Himachal Pradesh · body

2026 DAILYLAW 21142 (HP)

BLUE MOON SCIENTIFIC AND TECHNICAL EDUCATION SOCIETY v. NATIONAL COUNCIL FOR TEACHER EDUCATION (NCTE) AND ANOTHER

CWP/14995/2026 · 2026-08-27

Jyotsna Rewal Dua

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2026:HHC:36570 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 14995 of 2026 Decided on: 27.08.2026 Blue Moon Scientific …..Petitioner Versus National Council for Teacher and another ..Respondents ------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioner: Mr. Dushyant Dadwal & Mr.Shashwat Dadwal, Advocates. For the Respondents: Mr. B.Nandan Vashista, Advocate, for respondent No.1. Mr. Reham Tullah, Advocate, vice Mr. Devender K. Sharma, Advocate, for respondent No.2. ------------------------------------------------------------------------- Jyotsna Rewal Dua, Judge This writ petition has been filed inter alia seeking to quash and set-aside order dated 03.06.2026 passed by respondent No.1- National Council for Teacher Education (NCTE). Petitioner also seeks directions to respondents to allow it to participate in the statedly 3rd and last round of ongoing online and offline counseling process allegedly being conducted by respondent No.2 for admission to two years Bachelor of Education (B.Ed) course for academic session 2026-27. Alternatively, prayer has been made to direct the respondents to permit 1Whether reporters of print and electronic media may be allowed to see the order? Yes. 2 2026:HHC:36570 the petitioner to fill up 100 seats in the 2nd year B.Ed course from eligible candidates possessing requisite qualification. 2. Admittedly, the petitioner has taken recourse to statutory remedy available to it against the impugned order dated 03.06.2026. The statutory remedy is in form of appeal under Section 18 of the National Council for Teacher Education Act, 1993 ( in short, ‘NCTE Act’). The Section reads as under:- “18. Appeals.- (1) Any person aggrieved by an order made under section 14 or section 15 or section 17 of the Act may prefer an appeal to the Council within such period as may be prescribed. (2) No appeal shall be admitted if it is preferred after the expiry of the period prescribed therefor: Provided that an appeal may be admitted after the expiry of the period prescribed therefor, if the appellant satisfies the Council that he had sufficient cause for not preferring the appeal within the prescribed period. (3) Every appeal made under this section shall be made in such form and shall be accompanied by a copy of the order appealed against and by such fees as may be prescribed. (4) The procedure for disposing of an appeal shall be such as may be prescribed: Provided that before disallowing an appeal, the appellant shall be given a reasonable opportunity to represent its case. (5) The Council may confirm or reverse the order appealed against.” 3 2026:HHC:36570 Learned counsel for the petitioner submits that hearing in the aforesaid appeal is being deferred by the appellate authority and further that petitioner’s prayer for grant of interim relief by provisionally allowing it to participate in the counseling is not being considered at all. 3. Learned counsel for the respondents submits that next meeting of Appellate Authority is now due on 07.09.2026. Learned counsel for the petitioner pleads urgency as counseling is statedly scheduled on 31.08.2026 and 01.09.2026. This factual position is admitted by learned counsel for respondent No.1-NCTE. In view of urgency pointed out in the matter, this writ petition is disposed of with the order that the petitioner shall be provisionally allowed to participate in the counseling scheduled on 31.08.2026 and 01.09.2026 for admission to B.Ed course for academic session 2026- 27. However, petitioner’s such participation shall not bestow upon it any equity much less any legal right. Petitioner’s participation in the counseling on the aforesaid dates shall abide by the outcome of the appeal filed by the petitioner against the impugned order before the Appellate Authority/ application filed for grant of 4 2026:HHC:36570 interim relief. It is hoped & expected that the Appellate Authority shall expedite the adjudication. Pending miscellaneous application(s), if any, shall also stand disposed of. Jyotsna Rewal Dua August 27, 2026 Judge yogesh