Case Note & Summary
The petitioners, a public trust and its college of education, challenged an order dated 26/4/2011 by which the National Council for Teacher Education (NCTE) withdrew permission to run the D.Ed. course. The trust had applied for recognition with necessary documents including Form No.6 showing land in its name and an order for conversion to non-agriculture use. Recognition was granted on 14/26/3/2008. Subsequently, a show cause notice dated 4/6/2010 was issued alleging that the land was not in the trust's name. The trust submitted a reply, but the NCTE passed the impugned order without considering it and without serving the notice on the trust. The court found that the show cause notice was addressed to the college principal, not the trust, and the reply was not considered. The court held that the order violated principles of natural justice and was unsustainable. The petition was allowed, the impugned order quashed, and the matter remitted to NCTE for fresh consideration after giving the trust an opportunity of hearing.
Headnote
A) Administrative Law - Natural Justice - Show Cause Notice - Opportunity of Hearing - National Council for Teacher Education Act, 1993 - The respondent withdrew recognition without serving show cause notice on the petitioner trust and without considering its reply, violating principles of natural justice - Held that the order is unsustainable and set aside (Paras 5-7). B) Education Law - Withdrawal of Recognition - D.Ed. Course - National Council for Teacher Education Act, 1993 - The recognition was withdrawn on ground that land was not in name of trust, but the trust had submitted documents showing land in its name - Held that the respondent must reconsider the matter after giving opportunity of hearing (Paras 3-7).
Issue of Consideration
Whether the order withdrawing recognition for D.Ed. course was passed in violation of principles of natural justice and without proper consideration of the petitioner's reply.
Final Decision
The petition is allowed. The impugned order dated 26/4/2011 is quashed and set aside. The matter is remitted to respondent no.1 for fresh consideration after giving an opportunity of hearing to the petitioners. Rule made absolute accordingly.
Law Points
- Natural justice
- show cause notice
- opportunity of hearing
- withdrawal of recognition
- National Council for Teacher Education Act
- 1993
