ADITYA PTC COLLEGE vs NATIONAL COUNCIL FOR TEACHER EDUCATION AND ANR
$~84
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P. (C) 7326/2024
ADITYA PTC COLLEGE ….. Petitioner
Through: Mr. Mayank Manish and Ravi Kant, Advs.
versus
NATIONAL COUNCIL FOR
TEACHER EDUCATION AND ANR ….. Respondents
Through: Mr. Akhilesh K. Srivastava, Standing Counsel with Mr. Manoj Kumar, Advs.
CORAM:
HON’BLE MR. JUSTICE C. HARI SHANKAR
JUDGMENT (ORAL)
% 21.05.2024
1. Both sides submit that the prayer in this writ petition stands covered by order dated 15 September 2023 passed in W.P. (C) 12125/2023 and other connected matters, as noted in order dated 21 December 2023 thus:
1. Heard learned counsel appearing on behalf of the petitioner.
2. Issue notice.
3. Learned counsel appearing on behalf of the respondents accepts notice.
4. Learned counsel appearing on behalf of the parties jointly submit that the controversy involved in the instant case stands covered by order dated 15.09.2023 passed in WP(C) 12125/2023 and other connected matters.
5. The order dated 15.09.2023 reads as under:-
1. Learned counsel appearing on behalf of the parties jointly submit that the controversy involved in the instant petitions stands decided by this court in terms of order dated 24.08.2022 in W.P.(C) 2813/2021 and other connected matters. They submit that against the order so passed, the National Council for Teacher Education (NCTE) filed LPA 507/2022 before the Hon’ble Division Bench of this court.
2. The Honble Division Bench vide order dated 18.11.2022 in LPA 507/2022, granted liberty to NCTE to file a review petition before the Honble Single Judge, who passed the order on 24.08.2022 in W.P.(C) 2813/2021.
3. Learned counsel appearing on behalf of the parties, however, submit that on 31.01.2023, on an application filed by the petitioner-institution, the order passed by the Honble Division Bench in LPA 507/2022 on 18.11.2022 has been recalled. According to them, the Honble Division Bench has expressed to decide the matter in LPA itself.
4. Having considered the aforesaid submissions made by learned counsel appearing on behalf of the parties, it would be apposite to dispose of the instant petitions in similar terms of W.P.(C) 2813/2021 dated 24.08.2022 and by subsequent order dated 31.08.2022.
5. Needless to state that if the order dated 24.08.2022, passed in W.P.(C) 2813/2021 is modified or set aside in pending LPA 507/2022, the same would govern the further course of action.
6. With aforesaid directions, the instant petitions stand disposed of alongwith pending application(s), if any.
6. In view of the aforesaid, let the directions passed by this Court in W.P.(C) 12125/2023 be made applicable mutatis mutandis in the instant case also.
7. Accordingly, the instant petition stands disposed of.
2. Following the aforesaid order, another coordinate Bench of this Court has applied the said order dated 15 September 2023 mutatis mutandis to a similarly situated petitioner in order dated 21 December 2023 in WP (C) 16610/2023.
3. Accordingly, this writ petition is disposed of by making applicable mutatis mutandis the afore-extracted directions contained in the order dated 15 September 2023, passed in WP (C) 12125/2023, to the present case, subject to the outcome of the LPA preferred by the respondents against the said decision.
4. This writ petition stands disposed of.
C. HARI SHANKAR, J.
MAY 21, 2024
dsn
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