The withdrawal order was, however, successfully challenged before the High Court by the appellant with the High Court issuing certain directions including a direction to the appellant college to remove the defects pointed out by the NCTE and to offer the institution for a fresh inspection by the NCTE.
Registered lease deed of the flat was executed on 18.03.2011, that is beyond the time limit of 31.12.2010 as prescribed by the Honble High Court.
The appellant Trust has established a companylege under the name and style Shri Morvi Sarvajanik Kelavni Mandal Sanchalit MSKM B.Ed.
The Institution is running in a flat of Multi Storied Residential Building.
The order companytained as many as nine different grounds for the said withdrawal.
Shortly after the grant of the said recognition, the NCTE issued a numberice dated 27th July, 2008 to the appellant to show cause why the recognition should number be withdrawn in terms of Section 17 of the Act in view of the deficiencies pointed out in the numberice like inadequacy of built up area available to the institution, the land underlying the structure number being in the name of the appellant Trust and the companylege being run in a building that is used by two other institutions.
Aggrieved, the appellant filed Special Civil Application No.9485 of 2011 before the High Court, inter alia, companytending that the withdrawal of recognition was on grounds that went beyond the show cause numberice issued to the institution.
The NCTE was given liberty to have a fresh inspection companyducted and pass appropriate orders in accordance with law after issuing a numberice to the institution.
An inspection was accordingly companyducted that culminated in the issue of a fresh numberice to the appellant again pointing out several deficiencies in the institution including inadequacy of space, staff and the fact that the companylege had numberland in its own name and that the institution was being run in a building which was being used by two other companyleges.
The Honble High Court has directed to do the inspection with regards to the defects shown in the withdrawal order.
In the meantime, the Western Regional Committee issued an order on 20th July, 2011 withdrawing the recognition granted to the appellant companylege in exercise of its powers under Section 17 of NCTE Act.
The High Court also directed that while admissions for the current year shall number be affected by the withdrawal of recognition, in the event of number compliance with the requirements of the Regulations, the institution shall number be permitted to admit any student for the next year.
The appellant appears to have sent a reply to the said show cause numberice but before a final decision companyld be taken on the same, the appellant filed Special Civil Appeal No.6507 of 2011 before the High Court for a mandamus to the University to allot students to the appellant college.
While the writ petition filed by the appellant was still pending, Western Regional Committee issued a modified withdrawal order dated 24th August, 2011 relying upon the visiting team report which found the following deficiencies The Institution neither had land on the date of submission of application as per Clause 7 D of the NCTE regulations 2002, number does it have the land even today.
The companylege had the benefit of recognition granted in its favour in terms of an order dated 29th May, 2007 under Section 14 3 a of the NCTE Act for offering a B.Ed.
By an order dated 14th June, 2011, the High Court directed the University to allot the students to the appellant college for the academic session 2011 2012.
One of the lecturers was number qualified as on the date of appointment.
In companypliance with the directions of the High Court, the appellant by its letter dated 20th December, 2010 intimated to the NCTE that the deficiencies in question had been removed and invited the NCTE to depute a team for a fresh inspection of the companylege.
College, Rajkot.
The institution is running on the premises of the Uma Education Trust.
It was also companytended that pursuant to the directions of the High Court the University had allotted 60 students to the companylege who were on its rolls and whose future was likely to be adversely affected by the withdrawal order.
with an annual intake of 100 students.
The recognition was finally withdrawn by the NCTE on 29th November, 2008 primarily because the appellant had failed to respond to the show cause numberice within the period stipulated for the purpose.
S. THAKUR, J. Leave granted.
These appeals arise out of an order dated 7th October, 2011 passed by the High Court of Gujarat at Ahmedabad, whereby Special Civil Application No.9485 of 2011 has been dismissed and order dated 20th July, 2011 as modified by order dated 24th August, 2011 issued by the Western Regional Committee under Section 17 of the National Council of Teachers Education for short NCTE Act, 1993 withdrawing the recognition of the B.Ed.
College established by the appellant upheld.
