ALOK SHARMA,J. - (1.) The petitioner institute sought recognition of its 4 year B.A., B.Ed. B.Sc. B.Ed. integrated course from the Northern Regional Committee (NRC) National Council for Teachers Education (NCTE) for the academic session 2016-17 under the NCTE (Recognition Norms and Procedure) Regulations, 2014 (hereinafter 'the Regulations of 2014'). It appears that in its 265th meeting held between 27-2-2017 and 3-3-2017, the NRC took a decision to reject the petitioner's application. But a copy of the refusal order was not conveyed to the petitioner till 20-4-2017.
(2.) Section 18 of the Act of 1993 provides for laying of appeal against the order of rejection of the application of an institute.
(3.) The case of the petitioner is that albeit the petitioner's application for grant of recognition of its 4 year B.A., B.Ed. B.Sc. B.Ed. integrated course was rejected at the NRC's 265th meeting held between 27-2-2017 and 3-3-2017, copy thereof was communicated to the petitioner only subsequent to filing of this petition on 20-4-2017. It has been submitted that in terms of the NCTE Rules, 1997 and the format of memorandum of appeal appended to the Rules of 1997. Note 3 provides that a copy of the order in appeal must invariably be annexed with the memorandum of appeal. It has been further submitted that as per the terms and conditions for online submission of appeals under Section 18 of the Act of 1993 as circulated by NCTE it has been provided that "A copy of appeal should be accompanied by an order of appeal against", and further more importantly that "no appeal shall be processed if the copy of the minutes of the Regional Committee's meeting are enclosed with the appeal". Thus the appeal against the NRC's order of refusal could not be filed. It has been submitted that the last date for grant of recognition to teacher training courses by NRC in the academic session 2017-18 is 2-5-2017, as per the directions of the Apex Court, at this stage with the order of rejection of the petitioner's application for recognition for 4 year B.A., B.Ed. B.Sc. B.Ed. integrated course having been communicated to the petitioner only on 20-4- 2017 after filing of the petition, the remedy of statutory appeal is not efficacious and a mere chimera. Hence the petition which be entertained despite a theoretical statutory appeal being available to the petitioner.;