Mvr Institute Of Teacher Training vs The State Of Andhra Pradesh on 10 March, 2026

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    Andhra Pradesh High Court – Amravati

    Mvr Institute Of Teacher Training vs The State Of Andhra Pradesh on 10 March, 2026

    APHC010594292025
                        IN THE HIGH COURT OF ANDHRA
                                    PRADESH
                                                             [3460]
                                 AT AMARAVATI
                          (Special Original Jurisdiction)
    
                  TUESDAY,THE TENTH DAY OF MARCH
                   TWO THOUSAND AND TWENTY SIX
    
                                PRESENT
    
         THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY
    
                       WRIT PETITION NO: 30978/2025
    
    Between:
    
       1. MVR     INSTITUTE   OF    TEACHER    TRAINING,
          REPRESENTED BY ITS CORRESPONDENT, SRI. M.

    VENKATA RAMANA REDDY K.NO. 50, PLOT NO. 19-9-
    3E/5, TIRUPATI HEAD POST OFFICE, 19TH STREET,
    TIRUPATI, CHITTOOR DISTRICT, ANDHRA PRADESH –
    517501,

    …PETITIONER

    SPONSORED

    AND

    1. THE STATE OF ANDHRA PRADESH, REP BY ITS
    PRINCIPAL SECRETARY TO GOVERNMENT
    DEPARTMENT OF HIGHER EDUCATION TULLURU,
    SECRETARIAT BUILDINGS VELAGAPUDI, GUNTUR
    DISTRICT.

    2. NATIONAL COUNCIL FOR TEACHER EDUCATION, THE
    APPELLATE AUTHORITY REPRESENTED BY ITS
    DEPUTY SECRETARY (APPEAL) G-7, SECTOR-10,
    DWARKA, NEW DELHI-110075.

    3. NATIONAL COUNCIL FOR TEACHER EDUCATION,
    SOUTHERN REGIONAL COMMITTEE, REPRESENTED
    2

    BY ITS REGIONAL DIRECTOR, G-7, SECTOR-10,
    DWARKA, NEW DELHI-110075

    4. THE COMMISSIONER AND DIRECTOR, DEPARTMENT
    OF SCHOOL EDUCATION VENKATADRI TOWERS, OPP
    DGP OFFICE BESIDE HAPPY RESORTS, ATMAKUR
    MANGALAGIRI, GUNTUR, GUNTUR DISTRICT ANDHRA
    PRADESH

    …RESPONDENT(S):

    Petition under Article 226 of the Constitution of India praying
    that in the circumstances stated in the affidavit filed therewith, the
    High Court may be pleased toPleased to issue an appropriate
    Writ, Order or Direction more particularly one in the nature of Writ
    of Mandamus, declaring the action of the 2nd Respondent,
    Appellate Authority, National Council for Teacher Education, New
    Delhi in passing the impugned order dated 16-09-2025 in Appeal
    No. 89-160/E366530/2025, confirming the order dated 24-01-
    2023 passed by the 3rd Respondent, Southern Regional
    Committee, NCTE, withdrawing the recognition granted to the
    Petitioner- Institution for conducting D.EI.Ed. course, as arbitrary,
    illegal, unjust, violative of Articles 14, 19(1)(g) and 21 of the
    Constitution of India, and contrary to the settled principles of law
    governing condonation of delay and further ignoring particularly
    the medical disability and chronic ailment suffered by the
    Correspondent which caused the delay in filing the appeal justice
    and consequently set aside the impugned appellate order dated
    16.09.2025, passed by the 2nd Respondent, and pass

    IA NO: 1 OF 2025

    Petition under Section 151 CPC praying that in the
    circumstances stated in the affidavit filed in support of the
    petition, the High Court may be pleased Pleased to suspend the
    operation of the impugned order dated 16-09-2025 passed by the
    2nd Respondent, Appellate Authority, NOTE, and direct the said
    3

    authority to reconsider the appeal afresh by affording due
    opportunity to the Petitioner, in the interest of justice.

    IA NO: 2 OF 2025

    Petition under Section 151 CPC praying that in the
    circumstances stated in the affidavit filed in support of the
    petition, the High Court may be pleased Pleased to direct the
    Respondents 1 and 4 to forthwith grant affiliation to the Petitioner
    institution as per the proposals submitted by the Petitioner on 04-
    12-2020, pending disposal of the writ petition, in the interest of
    justice.

    Counsel for the Petitioner:

    1. VIJAYA KUMAR SATA

    Counsel for the Respondent(S):

    1. GP FOR HIGHER EDUCATION

    2. GP FOR SCHOOL EDUCATION

    3. VENNA HEMANTH KUMAR(CENTRAL GOVERNMENT
    COUNSEL)

    The Court made the following:

    4

    HON’BLE SRI JUSTICE NYAPATHY VIJAY

    W.P.No.30978 of 2025

    O R DE R:

    The present writ petition is filed questioning the order dated

    16.09.2025 in Appeal No.89-160/ E366530/2025 confirming the

    order dated 24.01.2023 passed by the 3rd Respondent-Southern

    Regional Committee, NCTE, withdrawing the recognition granted

    to the Petitioner-Institution for conducting D.Ei.Ed., course as

    arbitrary and illegal.

    2. The facts leading to filing of this case are as follows:

    The Petitioner is an Educational Institution offering

    D.Ei.Ed., course to the students and recognition was issued by

    the NCTE on 03.03.2015. While so, a show cause notice dated

    18.08.2022 was issued under Section 17 of the NCTE Act, stating

    that the Petitioner had failed to submit GIS location of the

    Institution, status of the Performance Appraisal Report in

    compliance of notice dated 29.09.2021. The Petitioner-Institution

    was called upon to supply land documents, Land Use Certificate

    issued by the competent authority, non-encumbrance certificate,

    approved building plan, site plan etc. As there was no response
    5

    from the Petitioner, a final show cause notice dated 16.09.2022

    was issued. Thereafter, the order withdrawing the recognition

    under Section 17 of the NCTE Act was passed on 24.01.2023.

    As the Petitioner was unaware of the show cause notices referred

    above and the consequential order, filed Appeal under Section 18

    of the NCTE Act, before Respondent No.2 with a delay of more

    than two (2) years and the Appeal was dismissed on the ground

    of delay vide impugned order dated 16.09.2025. Hence, the

    present Writ Petition is filed.

    3. Counter affidavit was filed by Respondent Nos.2 and 3,

    wherein it is stated that the time frame for filing Appeal under

    Section 18 of the NCTE Act, is 90 days and the Appeal was filed

    with a delay of more than two (2) years. It is further stated that

    though the deponent contended that he was suffering chronic

    health problem (Prostate Disease since three years), no medical

    certificate was filed to substantiate the same.

    4. Heard Sri Vijaya Kumar Sata, learned counsel for the

    Petitioner and learned Government Pleader for Higher Education.
    6

    5. The short question that falls for consideration is, whether

    there are reasonable grounds for this Court to interfere with the

    order of appeal.

    6. In the affidavit filed in support of memo filed on 23.02.2026,

    it is stated that the deponent i.e. the Correspondent of Petitioner-

    Institution was suffering from chronic health problem which

    rendered him incapable to file an Appeal within the time. It is also

    submitted that the deponent’s wife also met with an accident in

    2023 and was injured and could not actively attend to file Appeal

    within the time specified. Photographs and medical records were

    filed to support the plea of health condition. Apart from that, the

    delay in filing the Appeal against the order of de-recognition

    under Section 17 of the NCTE Act is only to the loss on

    Petitioners and no third party rights would be created in the

    interregnum.

    7. In the absence of any third party rights, a liberal view could

    have been taken by the Appellate Authority more so when the

    reason for issuance of show cause notices were only a regulatory

    requirement.

    7

    8. While dealing with a similar fact scenario, Hon’ble Supreme

    Court in A.B.Govardhan v. P.Ragothaman1 held as under:

    37. In Collector (LA) v. Katiji, the Court noted that it had
    been adopting a justifiably liberal approach in condoning
    delay and that “justice on merits” is to be preferred as
    against what “scuttles a decision on merits”.
    Albeit, while
    reversing an order of the High Court therein condoning
    delay, principles to guide the consideration of an application
    for condonation of delay were culled out in Esha
    Bhattacharjee v. Raghunathpur Nafar Academy
    . One of the
    factors taken note of therein was that substantial justice is
    paramount.

    38. In N.L. Abhyankar v. Union of India, a Division Bench of
    the Bombay High Court at Nagpur considered, though in the
    context of delay vis-à-vis Article 226 of the Constitution, the
    decision in Dehri Rohtas Light Railway Co. Ltd. v. District
    Board, Bhojpur
    , and held that :

    “22. … The real test for sound exercise of discretion by the
    High Court in this regard is not the physical running of time
    as such, but the test is whether by reason of delay there is
    such negligence on the part of the petitioner, so as to infer
    that he has given up his claim or whether before the
    petitioner has moved the writ court, the rights of the third
    parties have come into being which should not be allowed to
    be disturbed unless there is reasonable explanation for the
    delay.”(emphasis supplied)

    1
    (2024) 10 SCC 613
    8

    39. The Bombay High Court’s eloquent statement of the
    correct position in law in N.L. Abhyankar case found
    approval in Municipal Council, Ahmednagar v. Shah Hyder
    Beig
    and Mool Chandra v. Union of India [Mool Chandra v.

    Union of India .

    9. In view of the above, the order in Appeal dated 16.09.2025

    passed by the 3rd Respondent is set aside and the writ petition is

    allowed. The Appellate Authority-Respondent No.2 shall examine

    the Appeal of the Petitioner on merits. No order as to costs.

    As a sequel, pending applications, if any, shall stand

    closed.

    __________________
    NYAPATHY VIJAY, J
    Date: 10.03.2026
    KLP



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