Gayatri Mahavidyalaya Sanchore & Anr. vs. National Council For Teacher Education & Anr.

Held

The Court held that the impugned refusal order dated 15.04.2026 was unsustainable and deserved to be quashed. The Court found that the final show cause notice itself indicated that the reply to the first show cause notice was considered, but there was no actual consideration or reasons provided by the Regional Committee for issuing the final show cause notice. The distinction sought by the respondents regarding the petitioner's failure to reply to the final show cause notice did not cure the defect of the second show cause notice being issued without adequate consideration of the reply to the first notice. The Court relied on its previous judgments in Vision College (supra), Shri Jagat Narayan College (supra), and GD Rugnta College of Science & Technology (supra), which set aside refusal orders for similar reasons and remanded matters for reconsideration. The Court directed the respondents to process the petitioner's application for transition, conduct an inspection, and decide the application by passing a speaking order in accordance with the directions and timelines laid out in a subsequent Division Bench judgment in LPA No. 718/2026.

Facts

The petitioner, Gayatri Mahavidyalaya Sanchore & Anr., sought a writ of certiorari to quash a refusal order dated 15.04.2026 issued by the Western Regional Committee (WRC) of the National Council for Teacher Education (NCTE). They also sought a writ of mandamus directing the respondents to inspect the institute and expeditiously decide their application for transitioning their existing B.A.B.Ed/B.Sc.B.Ed 4-year integrated program to the Integrated Teacher Education Programme (ITEP). The petitioner contended that the refusal order was passed without considering their reply to the first show cause notice and was based on grounds different from the final show cause notice. They also argued that the refusal was made without inspecting the institute. The respondents opposed the petition, arguing that the application was duly considered and the refusal order was justified, particularly as the petitioner failed to reply to the final show cause notice.

Key Issues

1. Whether the impugned refusal order dated 15.04.2026 passed by the WRC of NCTE is liable to be quashed for non-consideration of the petitioner's reply to the first show cause notice and for being based on grounds at variance with the final show cause notice, contrary to the principles of natural justice and Regulation 7 of the NCTE (Recognition Norms & Procedure) Regulations, 2014. Petitioner's Contention: The petitioner argued that the refusal order was passed without adequately considering their reply to the first show cause notice and that the grounds for refusal differed from the final show cause notice. They relied on judgments like Vision College of Teachers Training Vs. NCTE & Anr. and Shri Jagat Narayan College & Anr. Vs. NCTE & Anr., emphasizing the obligation to consider replies and provide reasons. They also highlighted that the refusal was without inspection, which is a prerequisite for certain grounds of rejection. Revenue/State's Contention: The respondents contended that the application was duly considered and the refusal order was justified. They argued that the petitioner failed to submit a reply to the final show cause notice, distinguishing the present case from those where replies were not considered. They asserted that the impugned order was reasoned and did not require interference.