Kamla Nehru Mahila Mahavidyalaya Versus Union of India and Anr.
Court / Forum : Delhi High Court
Citation : WP (C) 3985/2019
Coram : Justice Pratibha M. Singh
Subject : Fair Hearing
Date of Decision : 2020-07-08
- The Petitioner was running a teachers’ training college in Satna, Madhya Pradesh and has been in operation since 1971. It has been running its B.Ed course with an intake of 100 candidates who receive teachers’ training, every year.
- A showcause notice dated July 21, 2016 was issued by the Western Regional Committee of National Council for Teacher Education (“NCTE”) raising various deficiencies/non-compliance issues. The Petitioner submitted its reply on August 23, 2016. On April 11, 2019, Respondent No.2 passed an order by which the recognition of the Petitioner under section 17(1) of the NCTE Act, 1993 for the B.Ed programme was withdrawn. The Petitioner then moved an appeal against the said order before the NCTE.
- The NCTE vide order dated November 6, 2019 allowed the appeal and the matter was remanded to the WRC for fresh hearing. The meeting of the WRC was held from 25th to February 27, 2020 and on June 23, 2020, an order was received by the Petitioner withdrawing the recognition granted to the Petitioner.
- The Petitioner has filed the present petition seeking quashing of the orders dated June 23, 2020 and April 11, 2020 passed by WRC. The primary grievance of the Petitioner is that the show-cause notice was in respect of eight violations, however, the order which was passed on June 23, 2020 is based upon fresh violations which were never put to the Petitioner in the show-cause notice.
- Whether the non-recognition of the Petitioner by the Respondent No. 2 was in compliance with the principles of natural justice?
- The Hon’ble High Court held that the sudden withdrawal of recognition would have a huge negative impact on the students who are studying in the college and would also adversely affect their future careers. The Court stated that the manner in which the WRC conducted the meeting clearly showed complete non-compliance of basic principles of natural justice.
- The Hon’ble High Court also observed that said fresh grounds for non-recognition of the Petitioner were not put to the Petitioner and no opportunity was given for explaining the same.
- Accordingly, the petition was allowed and withdrawal of recognition of Petitioner vide the impugned order dated June 23, 2020, was set aside. The Petitioner was given opportunity to deal with the fresh grounds mentioned in the impugned order and submit a comprehensive response to the Committee in respect of the same.
Vipul Ganda is a Delhi based Advocate practicing largely at the Delhi High Court. His practice focus is Dispute Resolution and Litigation and his practice areas include Arbitration, Commercial, Civil, Constitutional, Corporate and Criminal Litigation.