Delhi High Court – Orders
B Ed College Vijaynagar & Anr vs National Council For Teacher Education … on 6 April, 2026
Author: Jasmeet Singh
Bench: Jasmeet Singh
$~116
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 4466/2026 & CM APPL. 21812/2026
B ED COLLEGE VIJAYNAGAR & ANR.
.....Petitioners
Through: Mr. Amitesh Kumar, Ms. Priti
Kumari, Mr. Pankaj Kumar Ray, Advocates
versus
NATIONAL COUNCIL FOR TEACHER EDUCATION & ANR.
.....Respondents
Through: Mr. Mohinder Rupal, Mr. Hardik
Rupal, Ms. Aishwarya Malhotra, Ms. Tripta
Sharma, Advs.
CORAM:
HON'BLE MR. JUSTICE JASMEET SINGH
ORDER
% 06.04.2026
1. This is a writ petition filed under Article 226 of the Constitution of
India seeking the following prayer(s):-
“i. issue a writ of mandamus or any other suitable writ, order
or direction holding that the show cause notice dated
14.08.2025 issued by Regional Director, WRC in terms of
decision taken by WRC in its 432nd meeting held on 6th – 8th
August, 2025 be treated to be only the communication to
petitioner institution calling upon response of the institution to
various aspects mentioned in the show cause notice in respect
of B.Ed course and permit the petitioner to submit response
within a period of 30 days; . .”
2. It is the case of the petitioners that the respondents have issued a
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Show Cause Notice dated 14.08.2025, wherein the operative portion reads as
under:-
“In view of the above, the Committee decided that in
pursuance of above directions issued vide order dated
28.07.2025 of Hon’ble High Court of Delhi, the WRC in its
432nd (Part-1) meeting held on 6th-8th August, 2025 decided
that recognition for B.Ed. course with annual intake of 100 is
restored with a copy endorsed to institution and all concerned
and status of institution as recognized be reflected on the
NCTE website.
11. AND WHEREAS, the WRC in its 432nd (Part-1) meeting
observed that the institution did not submit compliance report
regarding fulfillment of conditions mentioned in the Revised
Recognition Order dated 31.05.2015 pertaining to its existing
premises wherein recognition for B.Ed. course was initially
granted by NCTE.
“On going through the case in details, the Committee noted
that the institution is required to submit compliance report
regarding fulfillment of conditions mentioned in the Revised
Recognition Order.
(i) The institution is required to submit latest original
certified copy Land Documents issued by Competent
Authority of State Government.
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(ii) The institution is required to submit Mutation
Certificate issued by Competent Authority of State
Government.
(iii) The institution is required to submit latest Non-
Encumbrance Certificate (NEC) issued by Competent
Authority of State Government indicating that the land
is free from all encumbrances issued by Competent
Government Authority.
(iv) The institution is required to submit Land Use
Certificate (CLU) mentioning name of the
institution/society, all Khasra Nos. Plot No./Survey
No., land area after conversion to use the land from
agriculture to educational purpose issued by the
Competent Government Authority.
(v) The institution is required to submit latest original
certified Building Plan approved by the Competent
Authority of State Government indicating name of
institution/society, Khasra/Plot/Survey No. and
mentioning the total land area and total built-up area
earmarked for each course being run in the premises
and the demarcated land area and built-up area for the
teacher education programmes including multi-
disciplinary programmes, if any.
(vi) The institution is required to submit latest Building
Completion Certificate (BCC) in the prescribed format
of NCTE (17 points) issued by the Competent
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Government Authority for all the courses being
conducted in the premises.
(vii) The institution is required to submit Building
Safety Certificate in adherence of safety guidelines as
prescribed by National/State Disaster Management
Authority issued by Competent Government Authority.
(viii) The institution is required to submit latest Fire
Safety Certificate issued by Fire Safety Department,
Government of Rajasthan verifiable on the official
portal of the Fire Department, Government of
Rajasthan.
(ix) The institution is required to submit latest
Certificate to the effect that the building is differently
abled friendly from the Competent Government
Authority.
(x) The institution is required to submit latest/ current
faculty list approved & signed on each page by
concerned affiliating body in original for all
recognized courses separately with the details of their
teaching subject, date of birth, date of
selection/appointment, date of joining, academic
qualifications, teaching experience, NET/Ph.D.
(NCTE’s Gol dated 09.06.2017), salary structure and
related documents duly attested by authorized
representative of management along with copy of
approval letter of affiliating body.
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(xi) Notarized original affidavit on Rs. 100/- on non-
judicial stamp paper by the management and Rs.10/-
non-judicial stamp paper by individual
selected/appointed faculty in the NCTE prescribed
proforma.
(xii) The institution is required to submit details of
salary disbursed to the faculty along with six months
Bank statement and account number of each faculty
member.
(xiii) The institution is required to submit copies of
valid Fixed Deposit Receipts issued by Nationalized/
Scheduled Bank towards Endowment Fund (Rs.5.00
lakh) & Reserve Fund (Rs.7.00 lakh) in the joint
operation mode with Regional Director, WRC, NCTE
and the Management along with duly filled Bank Form
“A” in original, verified/signed by the Manager of the
Bank as per NCTE Regulations, 2014 for each
recognized teacher education course separately.
(xiv) The institution is required to submit compliance
regarding all laid down conditions in light of Clause
7(14)(i), 8(6), 8(14) and 10(3) of NCTE Regulations,
2014 as amended from time to time.
The Committee decided that Show Cause Notice u/S 17(1) of
NCTE Act, 1993 be issued to the situation with direction to
comply all conditions in pursuance of revised recognition
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order and submit reply with relevant documents certified by
the management supported with an affidavit within 21 days
from the date of issue of the Notice.”
12. NOW THEREFORE, the institution is required to submit
the representation/compliance accompanied with an affidavit
from the authorized representative of the Management. The
representation along with an affidavit must reach this office
within the time specified at the end.
13. In case the reply submitted is incomplete or factually
incorrect or not received in this office by the date mentioned at
the end of this letter, then appropriate action as deemed fit u/s
17 shall be taken against your institution.
14. It is expected that your reply shall reach this office through
Courier/Registered AD/Speed Post only, NCTE does not
expect applicant to personally visit the WRC office for any
reason whatsoever.
15. Your reply, complete in respects, reach this office along
with all relevant supporting documents on or before 21 days of
the issuance of this letter as per the provisions contained in the
NCTE Act 1993 and Regulations.
Receipt of this Notice may please be acknowledged.”
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3. This order is being passed in view of a similar order dated 17.04.2023
passed in W.P.(C) 3767/2023, covering the present issue. Based upon the
said order and using the same reasons and expressions, this order is being
passed.
4. Mr. Kumar, learned counsel for the petitioners, raises a short
grievance with respect to invocation of the provisions of Section 17 of the
National Council for Teacher Education Act, 1993 (“1993 Act”). He
submits that the NCTE grants the recognition once it records its satisfaction
that all infrastructural facilities are in place, in accordance with the
provisions of the Act and the Regulations made thereunder. He further
submits that in any case after grant of recognition, if the NCTE wishes to
verify any fact or requires any other information, the same can always be
communicated to the concerned institution but in no case such a
communication should be described as under Section 17 of the 1993 Act.
5. He, therefore, submits that notice under Section 17 of the 1993 Act
causes prejudice to the institution and it creates impression to public at large,
that such an institution is ill maintained. He while referring to the nature of
the information mentioned in communication dated 14.08.2025 states that all
those documents were already submitted by the petitioners before the
recognition was granted to the petitioners. In any case, the petitioners is still
willing to refurnish those information.
6. Learned counsel further draws my attention to the judgment of the
Coordinate Bench dated 27.03.2023 titled B.R.T.T. College v. National
Council for Teacher Education passed in W.P.(C) 8635/2020 and
connected matters. The relevant paragraphs read as under:-
“15. If the provisions of Section 17 of the Act of 1993 are
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considered in juxtaposition to the provisions of Sections 14
and 15 of the Act, it would indicate that if the RC intends to
proceed for withdrawal of the recognition/permission so
granted, it has to record its prima facie opinion on the basis of
some facts or material which is available with it that
necessitated action under Section 17 of the Act of 1993. If the
provision of Section 17 of the Act of 1993 and the first proviso
are harmoniously construed, the same would mean that before
issuance of notice for withdrawal, the RC has to record reason
as to which of the conditions stipulated under the Act,
Regulation, Order, etc. is found to be violated by the
concerned institution.
16. There has to be distinction between issuing letter seeking
information from the institution simpliciter and notice under
Section 17 of the NCTE Act of 1993. All communications or
letters cannot, therefore, be made invoking Section 17 of the
Act of 1993, unless invocation of Section 17 is inevitable.
17. Any SCN without any application of mind or material will
not serve any fruitful purpose. On the other hand, it causes
unnecessary harassment for the institution and the credibility
of the institution becomes at stake, therefore, the
“satisfaction” test may not be strictly applicable at the stage
of SCN, but at least some material must exist apropos to the
institution so that the same can be replied to by the institution.
xxxx
26. In view of the aforesaid discussion, the decision with
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respect to 316th and 325th meeting of RC are directed to be
treated as communications to each institution, calling upon
them to submit their responses instead of the same being
notices under Section 17 of the Act of 1993.”
7. A perusal of the said judgment clearly shows that the present Show
Cause Notice is contrary to the judgment and is only a document seeking
information from the petitioners.
8. For the said reasons, issue notice.
9. Mr. Rupal, learned counsel accepts notice on behalf of the
respondents and states that the petitioners are under an obligation to furnish
the relevant information asked by the NCTE and if the petitioners do not
furnish the information, then necessary consequences will have to follow.
He states that in any case, once the information so required is furnished by
the petitioners, the respondents will scrutinise the same and then invoke the
power under Section 17 of the 1993 Act for withdrawal of recognition, if
found necessary.
10. He further draws my attention to the judgment of Union of India v.
Kunisetty Satyanarayana, (2006) 12 SCC 28 and more particularly
paragraph 13 which reads as under:-
“13. It is well settled by a series of decisions of this Court that
ordinarily no writ lies against a charge-sheet or show-cause
notice vide Executive Engineer, Bihar State Housing
Board v. Ramesh Kumar Singh [(1996) 1 SCC 327 : JT (1995)
8 SC 331] , Special Director v. Mohd. Ghulam Ghouse [(2004)
3 SCC 440 : 2004 SCC (Cri) 826 : AIR 2004 SC 1467]
, Ulagappa v. Divisional Commr., Mysore [(2001) 10 SCCThis is a digitally signed order.
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639] , State of U.P. v. Brahm Datt Sharma [(1987) 2 SCC 179
: (1987) 3 ATC 319 : AIR 1987 SC 943] , etc.”
11. He also relies upon the judgment of the Gujarat High Court passed in
P.M. Patel College of Education v. Sardar Patel University, 2021 SCC
OnLine Guj 151. The relevant paragraph reads as under:-
“64. Keeping in mind the above provisions, I am of the view
that the present petition cannot be allowed on the following
grounds. First, on the show-cause notice, the writ petition is
not maintinable and therefore, the judgment on which the
petitioner has relied upon would not squarely applicable to the
facts of present case. Mere a show-cause notice or notice itself
does not infringe the right of anyone. It is only when the
decision is taken, then the party can have any grievance
against the said order. No doubt, in a very rare and
exceptional case, the High Court quashes the show-cause
notice if it is found without jurisdiction or for some reason, it
is wholly unreasonable. The petition has not made out any
such case or allegation against the respondents. Under the
circumstances, the writ petition is not maintainable. Second,
pending the petition, the admission process has already over
on 29.10.2020. Under the circumstances, I am of the view that
the present petition has become infructuous. Under the
circumstances, I am of the view that it would not be advisable
for this court to enter into the merits and demerits of the case.
In the decision in case of State of Hariyana v. Krisna
Rice reported in (1981) 4 SCC 148 : AIR 1982 SC 1106, theThis is a digitally signed order.
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Apex Court has clearly laid down that once the petition has
become infructuous, the High Court should not decide it on
merits. Under the circumstances, I am of the view that the
petition does not require any further consideration and
requires to be dismissed as having become infructuous. Third,
the appeal is provided against the order dated 4.5.2010. The
NCTE Act is complete code, it provids efficatious remedy The
writ is barred by alternative remedy.
12. The law with regard to issuance of writ against Show Cause Notices is
well settled. The Courts should refrain from interdicting the effect and
operation of the Show Cause Notices but in the present case, the judgment
of the Coordinate Bench dated 27.03.2023 has attained finality and it clearly
draws a distinction that a Show Cause Notice under Section 17 of the 1993
Act must be based on an application of mind by the respondents and a prior
satisfaction needs to be recorded that there are some materials which exist
for the institution to reply to.
13. The present Show Cause Notice shows that there is no application of
mind and except for a phrase “still deficient”, there is not other basis to
substantiate the deficiencies. The operative paragraph only calls for
information from the petitioners.
14. Though letter dated 14.08.2025 is nomenclatured as a Show Cause
Notice under Section 17 of the 1993 Act, a closer scrutiny prima facie seems
to suggest the notice is only seeking information from the petitioners.
15. The appropriate course, to my mind, would have been that after
submission of these documents, the respondents should have applied its
mind whether the document supplied still show deficiencies on the part of
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the petitioners and thereafter issue a notice under Section 17 of the 1993
Act.
16. In the view of the aforesaid, the following directions are passed:-
(i) Let the Show Cause Notice dated 14.08.2025 be treated as only
a “communication” to the petitioners calling upon to furnish the
relevant information.
(ii) The petitioners shall furnish the relevant information within a
period of three weeks.
(iii) The respondents after scrutinising the response to be made by
the petitioners shall examine the same and take a decision as to
whether Section 17 of the Act of 1993 is to be invoked or
otherwise.
17. With the aforesaid directions, the petition stands disposed of along
with pending applications, if any.
JASMEET SINGH, J
APRIL 6, 2026 / (MS)
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