Mandiya T.T. College vs National Council For Teacher Education And Anr

$~65
* IN THE HIGH COURT OF DELHI AT NEW DELHI

Date of Decision: 30.04.2026

+ W.P.(C) 5691/2026, CM APPL. 27989/2026

MANDIYA T.T. COLLEGE
.....Petitioner
Through: Mr. Sanjay sharawat Sr. Advocate
Mr. Mayank Manish, Mr. Ravi Kant
Mr. Vineet Upadhyay and Mr. Ayush
Aanand. Advocates.
versus
NATIONAL COUNCIL FOR TEACHER EDUCATION AND ANR
.....Respondents
Through: Mr. Anuj Kapoor, Mr. Shivom Sethi,
Advs.
CORAM:
HON'BLE MR. JUSTICE JASMEET SINGH

: JASMEET SINGH, J ( ORAL )

1. This is a writ petition filed under Article 226 of the Constitution of
India seeking the following prayers :-
“(a) issue a Writ of Certiorari thereby quashing of the
Refusal Order dated 09.04.2026 issued by the Respondent
No.2, whereby it has refused the Application submitted by
Petitioner Institution for transition of its B.A. B.Ed. / B.Sc.
B.Ed. course to Integrated Teacher Education Programme
for the Academic Session 2026-27; in an arbitrary and
illegal manner; and
(b) issue a Writ of Mandamus thereby directing the
Respondent No.2 to conduct inspection of the Petitioner
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Institution and to decide its application for grant of
recognition for transition of its B.A. B.Ed. / B.Sc. B.Ed.
course to Integrated Teacher Education Programme from
ensuing academic session; expeditiously and preferably
within a period of four weeks;…”
2. The notice in the matter was issued on 27.04.2026 and Mr. Kapoor,
learned counsel for the respondents, has been heard in opposition of the
present petition.
3. The brief facts of the present case are that the petitioner College is an
institute situated at Khasra No. 227/731/3 Neem Ka Thana, District Sikar,
Rajasthan and was granted recognition on 17.09.2008 for running a B.Ed
course with an annual intake of 100 students.
4. The respondent No. 2 vide recognition order dated 04.07.2016, granted
the petitioner College recognition in terms of NCTE regulations for running
courses of B.A. B.Ed./B.Sc. B.Ed (four years duration) for the academic
session 2016-2017, with an intake of 100 students.
5. On 05.02. 2024, the respondent No. 1 issued a public notice inviting
applications from institutions for transition from already running B.A.
B.Ed./B.Sc. B.Ed (four-year integrated program) to Integrated Teacher
Education Programme (ITEP). In accordance with this notification, the
petitioner applied for the conversion of its programs to ITEP on 04.10.2025.
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6. Pursuant thereto, the respondent No. 2 in its 445 (Part-III) meeting
dated 07.01.2026-10.01.2026, decided to the issue a show cause notice to the
petitioner seeking submission of various documents pertaining to land. It is
pertinent to mention that the said show cause notice correctly mentioned the
land of the petitioner at Khasra no. 227/731/3.
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7. The petitioner College had duly submitted its response and supplied
requisite documents in response required to cure the deficiencies in the
application of the petitioner.
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8. Thereafter, the respondent No. 2 in its 450 meeting dated
17.02.2026-20.02.2026, issued a second show cause notice. However, there
were material deficiencies in the said notice, some of which are relevant for
the purpose of adjudicating the present petition. Accordingly, the relevant
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paragraphs of the final minutes of 450 meeting of the respondent No.
2/second show cause, read as under:
“i. The website is required to be functional and updated in
compliance to Clause 7(14)(i), 8(6), 8(14) and 10(3) of
NCTE Regulations, 2014 as amended from time to time. ii.
Authorization letter on the stamp paper as per admissible
government rate is not uploaded.
iii. The institution is required to upload the complete details
of Society/Trust/Members with Aadhar and PAN number
issued by the Competent Government Authority.
iv. The Institution is required to upload information of all
programme/courses run by institution in the campus and the
institution is required to upload year-wise the admitted
students list in respect of all running programme(s)
countersigned by Affiliating University
v. For confirming the institution‟s eligible for transition into
ITEP course as it is Collaboration institution is required to
upload the affiliation order of liberal arts, science and
commerce all programmes run by them with approved intake
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capacity and present intake capacity as a Multi-Disciplinary
Institution.
vi. The Institution is required to upload the Authorization
letter on the stamp paper as per admissible government rate.
vii. The institution is required to upload the Noc of affiliating
body no F.14/( )/ACAD. II/MDSU/2025/3693 dated
27/01/2025 as mentioned in the portal
viii. The institution has uploaded Form No 10 AC. The
institution is required to upload the Exemption Certificate
(Form 12A) issued by the Income Tax Department or issued
by government competent authority
ix. The institution is required to should provide proof that all
khasara number i.e. Kh. No. 2504,2503/3are a single plot,
upload a proof issued by government competent authority.
The institution is required to upload certified land documents
clearly mentioning all the Khasra Nos. issued by Competent
Authority of State Government showing that the building is
situated on a single plot.
x. Kh. No. mentioned in the land documents is 2504 and
2503/2 but the jamabndi is attached of Kh. No. 2303/3 and
2504 which is mismatch and the Kh. No. 2504,2503/3 is
submitted by the institution in particulars. Documents of Kh.
No. 2503/3 is not uploaded by the institution. The total land
area is mentioned by the institution is 6323 sq.m. but in
document 1391 sq.m of Kh.No. 2503/2 is mentioned and
1bigha 19 biswa (1270.9+2529.29) sq.m of Kh. No. 2504 is
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mentioned which is mismatch. The Khasra nos. and land
area mismatch among the uploaded documents. The land
documents of Khasra no. 2503/3 are not uploaded by the
institution. The land area mentioned on the online portal,
Affidavit and Sale Deed mismatch.
xi. The institution has not uploaded Affidavit Rs. 100/- in
prescribed format regarding land documents .The land area
is mentioned in the Certified land document is Khasra no.
2504 (area 1Bigha and 19 Bissa) and 2503/2 (area 4 Bigha
03 Bissa) and the mentioned in the Land details area is 6523
sq. mts. Both are mismatch.
xii. This institution is required to upload Certified land
documents mentioning all Khasra No. is issued by the
Competent Government Authority. xiii. The institution is
required to upload latest Non-Encumbrance Certificate
(NEC) issued by Competent Authority of State Government.
xiv. The institution is required to upload Building Plan
approved by the Competent Authority of State Government
mentioning the name of institution, 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 and built-up area for the teacher education
programmes including multi-disciplinary programmes.
xv. The institution is required to upload Building Safety
Certificate in adherence of safety guidelines as prescribed by
National/State Disaster Management Authority issued by
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Competent Government Authority.
xvi. The institution is required to upload geotag photos with
different angles of Lift, Ramp, Electricity, Safe Drinking
Water and Accessible Toilet indicating the longitude and
latitude with date of photograph.
xvii. The institution is required to upload geotag photos with
different angles of front view, rear view, multipurpose hall,
library, lab 1, lab 2, lab 3 and playground indicating the
longitude and latitude with date of photograph.
xviii. The institution is required to upload latest Building
Completion Certificate (BCC) in the prescribed format of
NCTE (17 points) issued by the Competent Government
Authority for all the courses being conducted in the premises.
xix. The institution has not uploaded the certificate issued by
the Government of Rajasthan justifying the requirement for a
teacher education programme in the area, as required under
Clause 4.3(i) of the NCTE Guidelines for transforming into
Multidisciplinary Institutions.
xx. The institution is required to upload the list of teaching
staff of all Education Faculty Programmed duly approved
and countersigned by its affiliating body. The institution is
required to upload the bank statement of last six months
indicating the transaction of the salary / remuneration to its
teaching staff.
xxi. The institution is required to upload Land Use
Certificate (CLU) as per Rajasthan Urban Arese (Permission
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for use of Agricultural Land for Non-Agricultural Purposes
and Allotment) Rules, 2012 in Form-11 of Rule 7(1) while
mentioning all Khasra/Plot/Survey No. issued by Competent
Government Authority.
xxii. The institution is conducting degree courses i.e. B.A.
intake (400), BSc. intake (70), M.A. (Geographic) intake
(40), M.A. (Hindi) intake (40), combined intake of 550. The
sufficiency of land and built-up area for 550 intake of
multidisciplinary courses and 100 intake for B.A.B.Ed. /
B.Sc. B.Ed. and 100 intake for B.Ed. course cannot be
ascertained. Since the institution has mentioned the total
built-up area 6323sq.mts. Out of which the entire built-up
area is earmarked for the teacher education programme as
per the BCC is uploaded by it. No built area is earmarked for
teacher education.
xxiii. The institution has expressed its intention to become a
multidisciplinary institution through „Collaboration‟, as
stipulated in the NCTE Guidelines for transforming NCTE
recognized stand-alone teacher education institutions into
multidisciplinary higher education institutions.
xxiv. The proposal for collaboration between the institutions
has not been approved by their affiliating university, as
required under Clause 4.3(a) of the NCTE Guidelines for
transforming into Multidisciplinary Institutions.
xxv. The institution has not uploaded documentary evidence
that both institutions proposed for collaboration are
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affiliated with the same university proper letter be issued by
concern government competent authority.
xxvi. The proposal for collaboration between the institutions
has not been approved by their affiliating university, as
required under Clause 4.3(a) of the NCTE Guidelines for
transforming into Multidisciplinary Institutions.”
9. The petitioner College duly responded to the second show cause notice
highlighting the factual mistakes in the said show cause notice. Thereafter,
the respondent passed the impugned order dated 09.04.2026, which is
important and reads as under:
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10. Mr. Kapoor, learned counsel for the respondents, supports the validity
of the impugned order and states that even assuming one or two grounds to be
factually incorrect, there are 14 grounds as to why the transition has been
refused for the petitioner College. He also submits there is an equally
efficacious alternative remedy of filing an appeal against the impugned order
under Section 18 of the National Council For Teacher Education (“NCTE”)
Act, 1993.
11. In the present case, a perusal of the first show cause notice/final
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minutes of the 445 (Part-II) meeting shows that the address of the petitioner
is Khasra No. 227/731/3 Neem Ka Thana, District Sikar, Rajasthan (Which is
the correct address).
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12. However, the second show cause notice/final minutes of 450 (Part-II)
meeting predicated that the petitioner runs the institute at Khasra No. 2504,
2503/3. The same forms the basis of numerous grounds raised in the Show
cause notice.
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13. Additionally, the serial No. vii of the final minutes of 450 (Part-II)
meeting shows that the NOC of the affiliating body is shown as:
“ vii. The institution is required to upload the Noc of
affiliating body no F.14/( )/ACAD. II/MDSU/2025/3693
dated 27/01/2025 as mentioned in the portal”

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14. A perusal of the decisions taken in the final minutes of 450 (Part-II)
meeting with regards to the Sanskar Teacher Training College (forming part
of Annexure P-11), also shows that Sanskar Teacher Training College has
also been issued, a show cause notice wherein the institute has been required
to upload the NOC of affiliating body bearing the same number as is required
from the petitioner College in terms of the show cause notice issued to it.
15. Additionally, numerous grounds have been raised for the first time in
the second show cause notice which were not forming part of the first show
cause.

16. From a conspectus of the aforesaid fact it is clear that the second show
cause notices in itself is based on incorrect facts and suffers from total
non-application of mind. Thus, the same cannot sustain the impugned order
dated 09.04.2026 which is based on the said show cause notice, and reply of
the petitioner College to the show cause notice and still presumes the address
of the petitioner to be Khasra No. 2504, 2503/3 and not 227/731/3.
17. It is a settled principle that where the very foundation of the building
(the show cause notice) is vitiated, the superstructure built thereupon i.e., the
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building (being the impugned order) cannot be sustained and is
consequentially set aside. A show cause notice founded on incorrect factual
premises and introducing altogether new facts, cannot sustained in law as it
violated the principles of natural justice.
18. The Hon’ble Supreme Court in the judgment of Rikhab Chand Jain v.
Union of India, 2025 SCC OnLine SC 2510, has reiterated the settled
position of law concerning the exercise of writ jurisdiction vested with the
Courts, despite the availability of an alternative statutory remedy. The
existence of an alternative remedy is termed by the Hon’ble Supreme Court in
the said judgment as a self-imposed restriction and the same cannot be treated
as an absolute bar. The relevant paragraph of the judgment reads as under:
“7. Decisions of this court are legion from which guidance
can aptly be drawn as to when a writ petition ought to be
entertained despite the party approaching the High Court not
exhausting the alternative statutory remedy available to
him/her/it. Insistence by the courts—both this court and the
High Courts—of exhaustion of a statutory remedy provided
by an enactment before invoking the writ jurisdiction of a
High Court under article 226 of the Constitution can be
traced to one of several self-imposed restrictions, laid down
by judicial precedents of this court. Unless, of course, any of
the exceptions (challenge to an act/order grounded on (i)
breach of a fundamental right; (ii) violation of natural justice
principles; (iii) lack of jurisdiction; and (iv)
unconstitutionality of a statute) is satisfied, that a writ court
may refuse to entertain a writ petition does not admit of any
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doubt. This court relying on a host of decisions
including State of U.P. v. Mohammad Nooh [1957 SCC
OnLine SC 21; AIR 1958 SC 86.] and Titaghur Paper Mills
Co. Ltd. v. State of Orissa [(1983) 53 STC 315 (SC); (1983)
142 ITR 663 (SC); (1983) 2 SCC 433; 1983 SCC (Tax) 131;
1983 SCC OnLine SC 102.] has, in Godrej Sara Lee
Ltd. v. Excise and Taxation Officer-cum-Assessing
Authority [(2023) 109 GSTR 402 (SC); 2023 SCC OnLine SC
95.] , reiterated that availability of an alternative statutory
remedy does not oust the jurisdiction of a writ court. It was
also explained how “entertainability of a writ petition” is a
concept distinct from the concept of “maintainability of a
writ petition”.
(Emphasis supplied.)
19. From a conspectus of the aforesaid judgments, I am of the view that
even though the Section 18 of the NCTE Act provides an appellate statutory
remedy but in the present case, the availability of such statutory remedy, does
not stand in way of this Court in exercise of its jurisdiction under Article 226
of the Constitution of India, as the show cause notice which forms the basis of
the impugned order is itself vitiated by law for the reason of being in teeth of
principles of natural justice and suffering from total non-application mind.
20. These are important institutions which are required to function within
strict and time bound parameters. The timelines governing such matter have
been authoritatively prescribed by the Hon’ble Supreme Courtitself in its
judgment titled Maa Vaishno Devi Mahila Mahavidyalaya v. State of U.P. ,
(2013) 2 SCC 617 , which are to be scrupulously followed by all the
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concerned parties. The necessity to ensure compliance with these timelines is
also one of the grounds which persuades me to entertain the present petition.
21. For the said reasons, the present petition is allowed and the impugned
order dated 09.04.2026 is set aside. Accordingly, the respondents shall
conduct inspection of the petitioner College within 15 days from today and
shall thereafter take all appropriate necessary steps to ensure that the
guidelines of the Hon’ble Supreme Court are scrupulously complied with.
22. The entire exercise including the issuance of show cause notice
pointing out the deficiencies, furnishing of their replies, and the adjudication
of those show cause notices, shall be completed on or before 07.06.2026.
23. The petition is disposed of in the aforesaid terms, along with pending
applications, if any.


JASMEET SINGH, J
APRIL 30, 2026/ar
(Corrected and released on 06.05.2026)
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