- (1.) HEARD Sri Pt. S. Chandra, learned counsel for the petitioner and Sri Vinay Bhushan, learned counsel for the respondents.
(2.) IN brief the facts as stated by learned counsel for the petitioner are that the Pandit Sukhraj Raghunathi Institute of Education Technology Ranjeetpur, which is situated at Chilbila Pratapgarh had applied for B.Ed. Course with the respondents and the said application of the petitioner was rejected by the order dated 10.7.2009 passed by Regional Director of National Council for Teacher Education New Delhi (annexure no.2). Aggrieved by the order dated 10.7.2009 the petitioner filed an appeal before the appellate authority. The appellate authority by means of order dated 11.12.2009 had rejected the petitioner's appeal on the ground that the same was filed at a belated stage i.e. after expiry of period of two months four days, hence the present writ petition.
(3.) LEARNED counsel for the petitioner Pt. S. Chandra submits that the order dated 11.12.2009 passed by the respondent no.1 thereby rejecting the petitioner's appeal on the ground of delay is totally arbitrary and in-contravention to the principle of natural justice. He further submits that the delay in filing the appeal should be condoned and the matter should be decided on merit. Sri Vinay Bhushan, learned counsel for the respondents submits that the order dated 10.7.2009 has been passed by the Regional Direction, National Council for Teacher Education, New Delhi under Section 14(1) of the N.C.E.T.Act, 1993 taking into consideration the facts and circumstances of the case, however he does not disputed that the appeal filed by the petitioner has been rejected only on the ground of delay by order dated 11.12.2009. I have heard learned counsel for the parties and perused the record. From perusal of the record, it is clear that the appeal filed by the petitioner has been rejected only on the ground of delay.;