NCTE Act | Service Of Show Cause Notice Vital For An Educational Institution, Affords Opportunity To Put Forth Their Stand Qua Alleged Deficiencies: Delhi HC

The Delhi High Court has observed that the service of show-cause notice is a vital communication for an institute as it affords an opportunity to them to put forth their stand qua the alleged deficiencies, failing which adverse consequences are bound to follow.

"This opportunity is thus, crucial for the institutes whose recognition and operation are at stake," Justice Sanjeev Narula added.

The Court was dealing with a plea challenging the decision of Western Regional Committee taken at its 322nd meeting held from 23rd to 24th November, 2020 whereby the recognition granted to Petitioner institute namely Aireen Institution of Education, for B.Ed. course was withdrawn.

In its 316th meeting held on 27th and 28th August, 2020, the WRC decided to issue show cause notices to all institutions falling within its jurisdiction which were granted recognition in temporary rented premises on the basis of earlier Regulations of 2002 and had not yet shifted to their own building within three years from the date of grant of recognition; or had yet not applied for shifting to own premises.

Pursuant to the said decision, a show-cause notice was issued on 29th September, 2020, which Petitioner-institute argued was never received by it. No second notice as mandatory under National Council for Teacher Education Act, 1993 was issued, the institute alleged.

In the 322nd meeting, as no reply to the said show-cause notice was received by WRC, a decision was taken qua the Petitioner. Consequently, a withdrawal order was issued by the WRC on 10th December, 2020.

The Court was of the view that the show-cause notice dated 29th September, 2020 mentioned the mode of dispatch as "by Speed Post/ Regd. Post" but no speed post receipt or tracking report was brought on record which could denote that a show-notice was served on the Petitioner institute.

Therefore, allowing the petition, the Court set aside the decision taken by WRC qua the Petitioner-institute in the 322nd meeting as well as the withdrawal order.

The Court directed that the WRC shall issue an order of restoration of recognition and reflect the status of Petitioner institute as a recognised institution for B.Ed. course and also send a written communication in this regard to the affiliating university and to the Department of Higher Education, Government of Maharashtra with instructions that the Petitioner-institute is entitled to take part in counselling and admit students for all academic sessions within a period of two weeks from today.

"It is clarified that this order shall not preclude Respondents from issuing a fresh show-cause notice to Petitioner-institute as per their discretion. It is further clarified that the Court has not expressed any opinion on the contentions advanced by the parties qua the issuance of a second show-cause notice as Petitioner-institute is entitled to succeed on other grounds," the Court ordered.

The petition was accordingly disposed of.

Case Title: AIREEN INSTITUTION OF EDUCATION v. NATIONAL COUNCIL FOR TEACHER EDUCATION & ANR.

Citation: 2022 LiveLaw (Del) 709

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