1. The matter has been heard via video conferencing.
2. Heard Mr. S N Pathak, learned counsel for the petitioner and Mr. Sunil Kumar Singh, learned counsel for the National Council for Teacher
Education (hereinafter referred to as the ‘NCTE’).
3. The petitioner has moved the Court for the following reliefs:
“(I) For issuance of an appropriate writ or writs, direction/s to the respondent NCTE to consider the case of the petitioner institution for
granting recognition/approval for one more unit of 50 students for the session 2018-20 of the D.El.ED Course.
(II) For issuance of an appropriate Direction/s, Order/s, or writ in the nature of Mandamus Commanding the concerned respondents/
Authorities to review the order no.-F.No. ERC/ 249.1(i).5/ D.El.Ed/ 2018/ 56030 dated 14.02.2018 whereby and where under the NCTE has
granted recognition/permission to the petitioner institution approving only 01 unit (one basic unit) of 50 students in respect of the D.El.Ed
Course without assigning any reason, whereas the petitioner institution has applied for 2 units (two basic unit) of 100 students in respect of
the D.El.Ed. Course.
(III) For issuance of an appropriate writ or writs, direction/s for setting aside Order dated 11/06/2019 passed by Respondent NCTE
whereby and where under the order passed by the ERC, NCTE has been upheld and the appellate authority has decided not to grant
recognition to the institution for D.El.Ed course and/or
(IV) Any other relief(s) that the petitioner may be found entitled to under the facts and circumstances of the case.â€
4. Counter affidavit and supplementary counter affidavit have been filed on behalf of the NCTE.
5. Today, learned counsel for the NCTE fairly submitted before the Court that the matter may be remanded to the respondent no. 2 in similar terms as
what has been done by the Hon’ble Delhi High Court in the matter of Sant Tapaswi Narayan Das Foundation with regard to permission for grant
of one more unit of 50 students for the concerned sessions. It was submitted that the Hon’ble Supreme Court has fixed 3rd of March, 2021 as
dead-line in the case of Maa Vaishno Devi Mahila Mahavidyala for the said purpose. It was submitted that if the petitioner fulfills the faculty criteria,
one additional unit for intake of 50 more students shall be allowed to it.
6. Learned counsel for the petitioner agreed to the suggestion given by learned counsel for the NCTE. However, he submitted that the Court may
safeguard the interest of the Institution as far as the cut-off date is concerned as otherwise the matter would become infructuous and the petitioner
would suffer irreparable loss.
7. Learned counsel for the NCTE assured that they are conscious of the fact that before 3rd of March, 2021 a decision has to be taken and that the
same would be done much before that so that the Institution has sufficient time to act on the same.
8. Having regard to the aforesaid, the writ petition stands disposed off in the following agreed terms:
(a) As has been suggested by learned counsel for the NCTE, let the petitioner submit a list of his faculty giving their details, especially with regard to
qualification, along with a copy of this order, before the respondent no. 2, latest by 12th February, 2021.
(b) If the same is done, the respondent no. 2 shall pass appropriate orders, latest by 26th February, 2021.
