W.P.(C)/8365/2026 of S S C EDUCATION COLLEGE & ANR. Vs NATIONAL COUNCIL FOR TEACHER EDUCATION & ANR. on 29 June 2026

1. This is a writ petition filed under Article 226 of the Constitution of India (“Constitution”) seeking the following prayers: “A. issue a writ of certiorari or any other suitable writ or order quashing & setting aside impugned refusal order dated 22.05.2026 of Western Regional Committee; and/or

B. issue a writ of mandamus or any other suitable writ or order or direction to respondents to decide its application for recognition of conversion/transition of existing 4 year integrated B.A.B.Ed/B.Sc.B.Ed course to ITEP course from present academic session 2026-27 expeditiously and in time bound manner; and/or

C. pass any such other orders/directions as this Hon'ble Court deems fit and proper in the facts and circumstances of the case.”

2. The case of petitioners is that it is an old institution which was granted recognition for a 4 year integrated B.A.B.Ed./B.Sc.B.Ed course by the Western Regional Committee (“WRC”) on 27th October, 2021 for academic session 2017-18. Pursuant to public notices dated 25th August, Digitally Signed By:HARIOM SHARMA Signing Date:29.06.2026 21:59:49 Signature Not Verified

2025 and 12th September, 2025, the petitioners submitted an application dated 04th October, 2025 to the National Council for Teacher Education (“NCTE”), seeking transition of existing B.A.B.Ed/B.Sc.B.Ed course to ITEP course. The inspection of the petitioner institute was carried out on 16th February, 2026.

3. Learned counsel for the petitioners submitted that without providing a copy of inspection report, a Show Cause Notice dated 01st April, 2026 under Sections 14 and 15(3) (b) of National Council for Teacher Education Act, 1993 (“NCTE Act”) was issued to petitioners. As required, the petitioners submitted a reply to said Show Cause Notice, along with the requisite documents, on the portal. However, WRC, by its impugned order dated 22nd May, 2026, refused the petitioners’ application for transition of B.A.B.Ed./B.Sc.B.Ed course to ITEP course.

4. The grievance of petitioners is that although it submitted reply to the Show Cause Notice, through the portal within the stipulated time, however, without any consideration of the said reply, the impugned refusal order dated 22nd May, 2026 has been passed by WRC.

5. Thus, he submits that the impugned order dated 22nd May, 2026, passed by the respondent is liable to be set aside. Further, he relies upon the order dated 29th May, 2026, passed by this Court in W.P.(C) 7398/2026, titled as “Shri Jagat Narayan College & Anr. versus National Council for Teacher Education & Anr”.

6. Issue notice. Notice is accepted by learned counsel for the respondents, who opposes the matter, and submits that the impugned order does not require any interference by this Court. He also submits that the petitioners have an alternative remedy of appeal under Section 18 of NCTE Digitally Signed By:HARIOM SHARMA Signing Date:29.06.2026 21:59:49 Signature Not Verified

Act.

7. This Court has heard the learned counsels for the parties.

8. This Court takes note of the impugned order dated 22nd May, 2026, passed by WRC, and the same reads as under: “

Digitally Signed By:HARIOM SHARMA Signing Date:29.06.2026 21:59:49 Signature Not Verified

Digitally Signed By:HARIOM SHARMA Signing Date:29.06.2026 21:59:49 Signature Not Verified

”

9. A perusal of aforesaid impugned order dated 22nd May, 2026 shows that except paragraph 6 therein, which reads as “reply submitted by the TEI / HEI was considered by the Regional Committee on 13/05/2026 in Meeting Digitally Signed By:HARIOM SHARMA Signing Date:29.06.2026 21:59:49 Signature Not Verified

No. 460(Part-I) and the same was found deficient”, no reasons have been given by the WRC for rejecting the application of the petitioners. Once reply to a Show Cause Notice was submitted, it was incumbent upon the WRC to consider the reply and documents submitted by the petitioner institute.

10. Since the respondent did not take into account and consider the reply to the Show Cause Notice submitted by the petitioners, which had been duly received by WRC, this Court is of the opinion that the impugned refusal order dated 22nd May, 2026 issued by WRC has been passed mechanically, and in violation of Principles of Nature Justice. Therefore, the said order cannot be sustained.

11. Accordingly, the impugned order dated 22nd May, 2026 passed by WRC is quashed as being illegal.

12. The matter is remanded back to WRC to reconsider the reply to Show Cause Notice dated 01st April, 2026 submitted by the petitioners, as per law, within a period of two weeks from today. The WRC will also provide a copy of the inspection report to the petitioners.

13. If any further information and clarification is required, WRC will inform the petitioners accordingly, and the petitioners will submit their reply within a period of one week, thereafter.

14. The WRC shall take a final decision, taking into account the reply and documents submitted by the petitioners, and pass a reasoned and speaking order, within a period of one week, thereafter.

15. The present petition is disposed of in the aforesaid terms. The pending application also stands disposed of.

MINI PUSHKARNA (VACATION JUDGE) JUNE 29, 2026/au Digitally Signed By:HARIOM SHARMA Signing Date:29.06.2026 21:59:49 Signature Not Verified