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2026 DAILYLAW 3856 (HP)

THE HIGHER EDUCATION INSTITUTION SOCIETY v. THE NATIONAL COUNCIL OF TEACHER EDUCATION AND OTHERS

CWP/14172/2025 · 2026-02-23

Jyotsna Rewal Dua

body2026

Judgment text

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2026:HHC:3500 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No.14172 of 2025 Decided on: 23.02.2026 _________________________________________________________________ The Higher Education Institution Society ....Petitioner Versus National Council for Teacher Education and Ors. …Respondents _________________________________________________________________ Coram Ms. Justice Jyotsna Rewal Dua 1 Whether approved for reporting? _________________________________________________________________ For the petitioner: Mr. Karan Singh Kanwar, Advocate. For the respondents: Mr. B. Nandan Vashisht, Advocate for respondents No.1 and 2. Ms. Archna Dutt, Advocate, for respondent No.3. Mr. Sanjeev Bhushan & Mr. Neeraj Gupta, Sr. Advocates, with Mr. Rajesh Kumar and Mr. Pranjal Munjal, Advocates, for the applicant/proposed respondent in CMP No. 27485 of 2025. Jyotsna Rewal Dua, Judge Respondent No.3 has filed the reply. 1 Whether reporters of Local Papers may be allowed to see the judgment? Yes 2026:HHC:3500 - 2 - 2. Learned counsel appearing for respondents No. 1 (National Council for Teacher Education) and 2 (Northern Regional Committee) submits that in view of recent developments that have taken place post the filing of the writ petition, more particularly, the order passed by respondent No.2-Northern Regional Committee (NRC) on 02.02.2026, reply is not required to be filed by respondents No.1 & 2. Prayer has been made for deciding the writ petition in light of order passed by respondent No.2 on 02.02.2026. Learned Senior Counsels appearing on behalf of proposed respondent No.4/applicant in CMP No.27485 of 2025, have placed on record a copy of order passed by respondent No.2 on 02.02.2026 and made submissions on that basis. In view of above submissions, the matter has been taken up for hearing. 3. Heard learned counsel and considered the case file as also the document now placed on record. 4. Respondent No.1 passed an order on 31.07.2024 (Annexure P-5) in exercise of powers under Section 17 (1) of the National Council for Teacher Education Act, 1993 (The 2026:HHC:3500 - 3 - Act in short), withdrawing recognition of the petitioner-college for conducting B.Ed. Programme with annual intake of 100 students (02 basic unit). The order was with further direction that no fresh admission will be allowed by the petitioner in the next academic session i.e. 2024-25. Petitioner preferred statutory appeal against the aforesaid order under Section 18 of the Act. It appears that the aforesaid appeal of the petitioner was not being adjudicated. Petitioner raised this grievance in Higher Education Institution Society Vs. National Counsel for Teacher Education and Ors2. The writ petition was disposed of with direction to respondent No.1 to consider and decide the appeal so preferred by the petitioner in accordance with law, within three months. Pursuant to the above direction, respondent No.1 decided petitioner’s appeal on 12.03.2025 (Annexure P-7). In terms of the decision, petitioner’s case was remanded to respondent No.2 (NRC) for fresh decision as under: - “IV DECISION: - After perusal of the Appeal Report, documents on record and oral arguments advanced during the online 2 CWP No.10233/2024 decided on 16.09.2024 2026:HHC:3500 - 4 - hearing, Appeal Committee of the Council concluded to remand back the case to NRC with a direction to verify the documents submitted in Appeal from the concerned affiliating University. The Appellant institution is directed to forward to the NRC the documents submitted in appeal within 15 days from the receipt of order of the Appeal and after receipt of the same the NRC to take further necessary action as per the NCTE Regulation, 2014, guidelines and amendments issued from time to time as per direction given herein above.” While respondent No.2 (NRC) was considering the case of the petitioner after its remand by the Appellate Authority (respondent No.1), petitioner instituted present writ petition on 01.09.2025, seeking following substantive reliefs: - “(i) Issue a writ of Certiorari or direction in the nature of writ of Certiorari quashing, setting aside withdrawal order dated 31.7.2024 (Annexure P-5), with all consequences including any other order that may have been passed in consequence to order dated 31.7.2024. (ii) Issue a Writ of Mandamus or direction in the nature of Writ of Mandamus directing the respondents to recognise the petitioner institute for conducting and running course of B.Ed and permit the petitioner institute to admit students for the same for the session 2025-27 and thereafter. (iii) Issue a writ of Mandamus or direction in the nature of writ of Mandamus directing the respondents to permit the petitioner to participate in the Counselling and invite 2026:HHC:3500 - 5 - applications from desirous candidates for admission to course of B.Ed for the session 2025-27 and thereafter. (iv) Issue a writ of Mandamus or direction in the nature of writ of Mandamus directing the respondents to reflect the name of the petitioner institute, on the official website of the respondents, in the list of institutes recognised by the respondents for running course of B.Ed.” By virtue of an interim order passed in this writ petition on 02.09.2025, respondents No.1 and 2 were directed to allow the petitioner to participate in the ongoing counselling (academic session 2024-25) for admission to B.Ed. Course subject to final outcome of the writ petition. 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 2026:HHC:3500 - 6 - 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 its grievances in accordance with law before the appropriate authority. 2026:HHC:3500 - 7 - All pending applications, including CMP No.27485 of 2025, to stand disposed of in view of above order. Jyotsna Rewal Dua Judge February 23, 2026 R.Atal