- (1.) IN an intra court appeal being D.B.Civil Special Appeal (Writ) No.688/2013 preferred by the petitioner – institution against the order dated 17.07.2013, whereby the second stay application of the institution was rejected by a Co-ordinate Bench of this Court, the Division Bench of this Court has made a request to the Single Judge in the following terms: "The appeal is, thus, disposed of with a request to the Single Bench, incharge of the roster, to give due priority to the accompanying writ petition for its disposal having regard to the time frame suggested hereinabove. In view of this order, the office would list the accompanying writ petition before the appropriate Bench on 29.08.2013. "
(2.) ON account of holiday declared on 29.08.2013, the matter was listed on 30.08.2013 and in view of the request made by the Division Bench, with the consent of the learned counsel for the parties, the matter was finally heard on 30.08.2013 and the judgment was reserved. Brief facts of the case are that the petitioner-institution, a society registered under the Society Registration Act, 1958, was allotted 40,000 square meter of land by the Jaipur Development Authority, Jaipur ( for short 'the JDA' hereinafter) on 21.06.2000 in Budh Singhpura Scheme of Jaipur City. It is claimed that the said allotment of the land was approved by the State Government vide letter dated 03.11.2000, the petitioner – institution deposited the amount with the JDA and the possession of the land was handed over to it. In the year 2009, the petitioner – institution had applied for No Objection Certificate to start B.Ed. Course, which was granted by the State Government on 27.12.2004. On the strength of No Objection Certificate granted by the State Government, the petitioner – institution submitted an application on 30.12.2004 before the Northern Regional Committee, National Council for Teacher Education for grant of recognition for starting B.Ed. Course with an annual intake of 100 seats. The respondent – National Council for Teacher Education granted recognition to the petitioner – institution for B.Ed. Course of one year duration with an annual intake of 100 seats in terms of section 14(1) of the National Council For Teacher Education Act, 1993 (for short 'the NCTE Act, 1993' hereinafter). Later on, in the year 2007, the petitioner – institution had applied for grant of recognition for starting B.Ed. additional Course of one year duration with an annual additional intake of 100 students. Respondent No.4 – Northern Regional Committee, National Council for Teacher Education had granted recognition to the petitioner – institution for conducting B.Ed. additional Course of Secondary (level) of one year duration with an annual additional intake of 100 seats for academic session 2008-2009 while exercising powers under section 15(3) a of the NCTE Act, 1993. The petitioner – institution was running the said course successfully from the date of grant of recognition. However, on 18th September, 2012, the respondent No.4 - Northern Regional Committee, National Council for Teacher Education issued a show cause notice to the petitioner – institution under section 17 of the NCTE Act, 1993 in the following manners: "The Committee after going through all relevant records, report of CBI viz-a-viz provisions of the NCTE Act, Rules and Regulations, and the NRC deliberated and considered the case in detail. The Committee observed the following: The institution vie letter No.SS/2005-6/1217 dt. 22.06.2005 submitted a letter No.JDA/Jopne-9/05/D-679 dt 21.06.2005 purportedly received from Dy.Commissioner, Zone-9, JDA, Jaipur informing therein that the building had been constructed as per norms and JDA had no objection in allowing the institution to run educational courses. The same has been found forged as verified by the CBI, Jaipur. Therefore the institution has contravened the provision of the NCTE Regulations.
(3.) THE NRC further noted that as per the provisions contained in clause 7(I-B) of the NCTE Regulations, 2009 "Furnishing any wrong information or concealment of facts in the application, which may have bearing on the decisions making process or the decisions pertaining to grant of recognition, shall result in withdrawal of recognition of the institution besides other legal action against its management, order of withdrawal of recognition shall be passed after affording reasonable opportunity of hearing through a show cause notice to the institution.;