Research › Search › Judgment

High Court of Jammu and Kashmir · body

2026 DAILYLAW 2344 (JK)

NUND RISHI COLLEGE OF EDUCATION AND TRAINING TH.ITS CHAIRMAN v. RAM NIVAS SHARMA, IAS COMMR/SECRETARY TO HIGHER EDUCATION AND OTHERS

CCP(S)/73/2026 · 2026-07-28

Moksha Khajuria Kazmi

Writ Petition (Civil)body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Sr. No.32 Regular List IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CCP(S) 73/2026 in[WP(C) 243/2026] i)WP(C) 243/2026 CM(3084/2026) CM(611/2026) NUND RISHI COLLEGE OF EDUCATION AND TRAINING TH.ITS CHAIRMAN(SENIOR CITIZEN) …Petitioner(s)/appellant(s) Through: Ms. Rifat Ara Butt, Advocate Vs. RAM NIVAS SHARMA, IAS COMMR/SECRETARY TO HIGHER EDUCATION AND OTHERS ...Respondent(s) Through: Mr. G.N. Sofi, Advocate for R1 Mr. Rahul Sharma, Advocate (through VC) with Mr. Sajid Ahmad, Advocate and Mr. Abhimanyu Sharma, Advocate for R2 Ms. Shaista, Advocate vice Mr. Syed Faisal Qadri, Sr. Advocate for R3 CORAM: HON’BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE O R D E R 28-07-2026 CM No. 3084/2026 By way of the instant application, the respondent No.2/applicant seeks vacation/modification of the order dated 13.02.2026 passed by this court in the present writ petition bearing WP(C) No.243/2026, whereby the non-applicants/respondents were directed to grant renewal of the temporary affiliation/recognition in favour of the petitioner-Institution, namely, Nund Rishi College of Education, Badshahnagar, Natipora, Budgam, for running the B.Ed. Programme for the academic years 2025 to 2027, and, consequently, to permit the petitioner-institution to conduct the B.Ed. course for the aforesaid academic session. Shameem Hamid Mir 2026.07.30 11:22 I attest to the accuracy and integrity of this document Learned counsel appearing for non-applicant/respondent No. 2 submits that the petitioner-Institution had submitted its reply on 14.11.2024 without furnishing the requisite particulars with regard to the deficiencies pointed out by the NRC and that no required documents were uploaded along with the reply. Consequently, the Committee rejected the application of the petitioner-institution for recognition of the B.Ed. course vide refusal order dated 07.01.2025. It is further submitted that the relief sought by the petitioner- Institution is contrary to the mandate of the National Council for Teacher Education Act, 1993 and the NCTE (Recognition Norms and Procedure) Regulations, 2014. It is contended that, if such relief is granted, the provisions of the aforesaid Act and the Regulations would render redundant. Per contra, learned counsel for the petitioner submits that the petitioner has already challenged the refusal order dated 07.01.2025 by preferring an appeal under Section 18 of the National Council for Teacher Education Act, 1993 on 17.02.2025. It is further submitted that the said appeal has not yet been considered and decided by the competent appellate authority. Having heard learned counsel for the parties and considered the submissions made, this Court is of the view that the interim direction dated 13.02.2026 deserves to be modified. Accordingly, the interim order dated 13.02.2026 is modified by directing the appellate authority to notify the petitioner-Institution of the deficiencies, if any, in the appeal preferred by her. Upon the petitioner Shameem Hamid Mir 2026.07.30 11:22 I attest to the accuracy and integrity of this document furnishing the requisite information/documents, the appellate authority shall consider and decide the appeal, strictly in accordance with law, within a period of two weeks from the date a copy of this order is served upon them. In view of the modification of the order dated 13.02.2026, the contempt proceedings initiated pursuant thereto shall stand closed. Accordingly CM No.3084/2026 is disposed of along with CCP (S) No.73/2026 in terms of the above. WP(C) No. 243/2026 Reply/objections have been filed by respondent Nos. 2 and 3. Mr. G.N. Sofi, learned counsel appearing for respondent No. 1, seeks and is granted three weeks' time to file reply/objections, with an advance copy thereof to learned counsel for the opposite side. List again on 26.08.2026. (MOKSHA KHAJURIA KAZMI) JUDGE SRINAGAR 28-07-2026 Shameem H. Shameem Hamid Mir 2026.07.30 11:22 I attest to the accuracy and integrity of this document