STATE OF GUJARAT vs BEST PRIMARY TEACHERS TRAINING COLLEGE
- Court
- Gujarat High Court
C/LPA/290/2026 (GJHC240173762026) JUDGMENT DATED: 24/08/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/LETTERS PATENT APPEAL NO. 290 of 2026
In R/SPECIAL CIVIL APPLICATION/8466/2025
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2026
In R/LETTERS PATENT APPEAL NO. 290 of 2026
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STATE OF GUJARAT & ANR.
Versus
BEST PRIMARY TEACHERS TRAINING COLLEGE & ANR.
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Appearance:
MR. SANJAY UDHWANI, AGP for the Appellant(s) No. 1,2
MR. HARSH M UPADHYAY(17556) for the Respondent(s) No. 1
MS HETAL PATEL(11032) for the Respondent(s) No. 2
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CORAM: HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE
SUNITA AGARWAL
and
HONOURABLE MR.JUSTICE D.N.RAY
Date : 24/08/2026
ORAL JUDGMENT
(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA
AGARWAL)
1. There is a leave note of Mr.Harsh M. Upadhyay, learned
advocate for the respondent No.1. However, it is pointed out
by Ms. Hetal Patel, learned advocate appearing for the
respondent No.2-NCTE, that the respondent No.1 is adopting
a delaying tactic by seeking adjournment in the present
appeal while pursuing the contempt petition. The prayer has
been made for urgent hearing of the matter as the respondent
No.1 namely the original petitioner is trying to get undue
benefit of the judgment impugned by getting orders in the
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contempt petition when the judgment impugned was obtained
by concealment of material facts.
2. For the above, we refuse to honour the leave note
submitted by the learned Counsel for the respondent No.1 and
proceed to examine the matter on perusal of the documents
on record.
3. Heard Mr.Sanjay Udhwani, learned Assistant
Government Pleader appearing for the appellants, and Ms.
Hetal Patel, learned advocate appearing for the respondent
No.2-NCTE.
4. This intra-Court appeal is directed against the judgment
and order dated 25.06.2025 passed by the learned Single
Judge in a set of writ petitions including the Special Civil
Application No. 8466 of 2025, out of which the present appeal
has arisen. The directions issued by the learned Single Judge
to the respondent is to add the name of petitioners' college in
the list of colleges mentioned in the advertisement as
available on the website of the respondent authorities for
allotment of students in Diploma in Elementary Education
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(D.El.Ed.) course. The respondents are further directed to
consider the case of the petitioner vide application dated
10.06.2025 for allotment of students in D.El.Ed. course for the
academic year 2025–2026.
5. It is brought on record by means of the affidavit of
respondent-National Council for Teacher Education (NCTE),
that the respondent No.1 herein namely, the original
petitioner, is an education institution managed and
administered by Bharatiya Nagar Education Trust, situated at
Shalimar Compound, Shahibagh, District Ahmedabad. On an
application submitted by the respondent No.1-institution
dated 31.12.2002 to the Western Regional Committee of
National Council for Teacher Education (NCTE), seeking
grant of recognition of Elementary Level Teachers Training
Education Course (PTC), with a proposed annual intake of 50
students from the Academic session 2003–2004, the Western
Regional Committee granted recognition for the said course,
in exercise of power vested under Section 14(3)(a) of the
NCTE Act 1993.
6. Subsequently, an application dated 26.12.2005 was
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preferred by the respondent No.1 institution for grant of
recognition of PTC course with annual additional intake of 50
students from the academic session 2006–07, which was duly
granted by WRC order dated 24.03.2007.
7. A further application dated 29.12.2006 was preferred for
grant of additional recognition for PTC course with an annual
additional intake of 50 students for the academic session
2007–08, which was also granted by WRC order dated
28.11.2008.
8. However, the respondent-institution made a request vide
communication dated 03.01.2013 to the Western Regional
Committee, NCTE, Bhopal, requesting for de-recognition of
PTC course w.e.f. the academic year 2012. A copy of the said
letter dated 03.01.2013 is appended at page No. '195' of the
paper-book. A perusal thereof indicates that the respondent
No.1-institution itself sought to derecognize the approval for
PTC effective from 2012–13 and further to terminate the
college registration from 2012 and release bank FD. A
reminder letter was also sent by the respondent No.1-
institution on 21.02.2013, which is appended at page No. '198'
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of the paper-book. It is categorically stated therein that the
PTC college resolved to discontinue the PTC course from the
academic session 2012–13 and request was made to terminate
the college registration from June 2012 and release bank FD.
9. On receipt of the said communication, the WRC has
unanimously resolved to derecognize the PTC course of the
respondent No.1-college with effect from June 2012.
10. Pursuant thereto, the matter was discussed and
deliberated in the 179th meeting of WRC wherein the request
made by the respondent No.1-institution for withdrawal of
recognition from June 2012 was duly accepted. The WRC
order dated 06.03.2013 passed under Section 17(1) of the
NCTE Act of 1993 is appended at page No. '200' of the paper-
book, which reads as under :-
“F. No.WRC/322102/179th/2013/00709 Date: 06.03.13
ORDER
Whereas, Recognition/Permission was granted to the institute
BEST PRIMARY TEACHERS TRAINING COLLEGE, C/O
AMBALAL SOMABHAI PATEL, PAHELWAN BIDIWALA
BUNGLOW, DAFNALA ROAD, SHAHIBAG, AHMEDABAD,
Gujarat under section 14 of NCTE Act. 1993 for conducting
P.T.C. course with an intake of 50 vide No. WRC/2-
32/322102/70/2005/2898 dt. 11.04.2005.
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And whereas, the institution vide letter dt. 04.01.2013
informed of the decision of the society of the institution to
withdraw the recognition.
And whereas, the matter was placed before WRC in its 179th
meeting and the committee accepted the request of the
institution for withdrawal of their recognition from the end of
the academic session next to the date of issue of withdrawal
order.
And now therefore, the request of the institution for
withdrawal of the proposal is hereby accepted and
recognition is withdrawn.”
11. With the aforesaid assertions made in the affidavit of
NCTE, it is pointed out by Ms. Hetal Patel, learned advocate
appearing for the respondent No.2-NCTE, that with the
withdrawal of recognition of the PTC Course by NCTE on the
request made by the respondent No.1-College, i.e., the
original petitioner, there was no question of including the
name of the petitioner-college in the list prepared by the
appellant herein for allotment of students in the D.El.Ed.
Course.
12. The submission is that the respondent herein, i.e., the
original petitioner, has not impleaded NCTE as a party
respondent before the Writ Court, nor has disclosed the
factum of withdrawal of recognition of the PTC course on the
decision taken by the NCTE. The submission, thus, is that the
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petitioner has succeeded in obtaining an order from this Court
by misrepresentation and concealment of material facts.
13. In response to the affidavit of NCTE, the respondent No.
1 herein has filed rejoinder dated 14.08.2026 wherein, it is
admitted that :
“9.5 With regard to the contents of paragraph No.6 & 7, it is
submitted that due to a decline in the number of admissions
in the PTC course, the Trust managing the institution had
requested withdrawal of the recognition. That the NCTE
passed the withdrawal order dated 06.03.2013, in respect of
the Recognition granted to the institute vide Order dated
11.04.2005, however, no Withdrawal Order u/s 17 of the
NCTE Act has been passed by the NCTE in respect of the
Recognition granted to the institute vide Recognition Order
dated 24.03.2007 u/s 14(3)(a) of the NCTE Act, and a
subsequent Additional Intake within this order, granted vide
Order dated 28.11.2008 u/s 15(3)(a) of the NCTE Act. Hence,
despite issuance of the Withdrawal Order dated 06.03.2013,
the respondent institute remains a recognised institution till
today with an Entake capacity of 2 Units.”
However, it is further stated that:-
“9.6 With regard to the contents of paragraph no. 8, it is
disputed and denied in toto. It is submitted that the
Withdrawal Order dated 06.03.2013 specifically mentions the
Recognition granted to the institute vide order dated
11.04.2005, and consequently the same was withdrawn.
Therefore, despite withdrawal of the Recognition granted
vide order dated 06.03.2013, the respondent institute still
holds a valid recognition which was granted to the institute
vide order dated 24.03.2007 under Section 14(3)(a) of the
NCTE Act, and a subsequent recognition for additional intake
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granted vide order dated 28.11.2008 under Section 15(3)(a)
of the NCTE Act.”
14. The stand of respondent No.1-college, namely the
original petitioner, in the present appeal is that though there
is a withdrawal of recognition granted to the petitioner-
institution originally vide order dated 11.04.2005, the
withdrawal order passed by NCTE under Section 17 of the
NCTE Act would not affect the subsequent additional intake
granted vide orders dated 24.03.2007 and 28.11.2008. It is
sought to be asserted by the respondent No.1-college herein
that the respondent institution still holds a valid recognition
which was granted to the institution for additional intake vide
orders dated 24.03.2007 and 28.11.2008.
15. This submission deserves outright rejection for the simple
reason that the request was made by the respondent No.1-
institution to derecognize the PTC course by two
communications as aforesaid, which was duly accepted by the
NCTE, which clearly reveals that the recognition granted to
the respondent No.1 institution had been withdrawn. With the
withdrawal of main recognition granted vide order dated
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11.04.2005, on the request made by the petitioner institution,
the grant of subsequent additional intake linked to the main
order would not survive. Moreover, the petitioner has
obtained the order impugned from the Writ Court by
concealment of the aforesaid material facts without
impleading NCTE, a necessary party.
16. In view of the above, the judgment and order dated
25.06.2025 passed by the learned Single Judge issuing
direction to include the name of the respondent No.1 college
in the list prepared by the appellants herein for allotment of
students in the D.El.Ed. course for the academic year 2025–
26, cannot be sustained. While setting aside the judgment and
order dated 25.06.2025, the present appeal is hereby
allowed. In the result, the writ petition stands dismissed. No
order as to costs. All the connected Civil Application stands
disposed of, accordingly.
(SUNITA AGARWAL, CJ )
(D.N.RAY,J)
BINA SHAH
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