- (1.) HEARD Sri Kshetresh Chandra Shukla, Advocate, holding brief of Sri R.K. Shukla, learned counsel for the petitioners and Sri R.A. Akhtar, learned counsel appearing on behalf of respondent nos. 1 and 2.
(2.) THE petitioners applied for the recognition of its College for Diploma in Elementary Education Course with National Council for Teacher Education through online on 31.12.2012. The application is Annexure -2 to the writ petition. It is the contention of the petitioner that along with the application, the details of plot numbers, namely, 333, 334, 335 (Partly) have been given and an affidavit in this regard has also been filed, which is at page 38 of the writ petition, wherein plot numbers have been given. The respondent no. 2 has issued a show cause notice dated 22.10.2013, which is Annexure -3 to the writ petition whereby three deficiencies have been pointed out, firstly, the institution has not submitted original FDR's of Rs.5 lakh as endowment fund and Rs.3 lakh reserved fund, secondly, the entries in the application submitted by the institution reveals that BA and B.Com courses are being run by the institution and thirdly, demarcated area in the approved building plan not submitted u/c 8 (7)(ii) of NCTE Regulation 2009.
(3.) THE petitioner filed reply to the show cause notice on 17.11.2013. Reply is Annexure -4 to the writ petition. Along with the reply, the deficiencies pointed in the show cause notice has been fulfilled. The petitioners' application has been rejected in a meeting held by the respondent no. 2 for the reasons stated below: "The original file of the institution along with other related documents, NCTE Act, 1993, Regulations and Guidelines of NCTE published from time to time were carefully considered by NRC in detail and following observation was made: - "Institution has submitted a demarcated building plan in reply to SCN dated 22.10.2013, but no Khasra/Plot number has been mentioned in the building plan required under clause 8(7)(ii) of NCTE Regulation, 2009. Hence, NRC decided that application be rejected on the above point and FDRs if any, submitted by the institution be returned." Learned counsel for the petitioners submitted that it is wrong to say that Khasra/Plot numbers have not been given by the petitioners. However, in case if the same were not given in the show cause notice, such details ought to have been asked, but such details have not been asked and without giving any further opportunity for providing such details, the application has been rejected, which is patently illegal. He further submitted that in demarcation plan submitted by the petitioners, if plot number has not been mentioned, opportunity ought to have been given before rejecting the application.;