Appeal Section deals with the matters related to Appeal Preferred Online by the institutions Under Section 18 of the NCTE Act 1993 to Appellate Authority at NCTE Headquarters, New Delhi against the orders of the Regional Committee rejecting/refusing/withdrawing recognition of Teacher Education Programmes/Courses as contained in the Regulations, 2014.
Objectives
The main objective of the Appeal Section is to conduct meetings of the Appeal Committee to hear the appeal cases and dispose off it within the prescribed time limit. Appellant Institutions have to prefer appeal within 60 days from the date of refusing/rejecting/withdrawing recognition of Teacher Education Programmes/Courses. After preferring appeal, it is to be disposed off within 90 days from the date of making online appeals after giving opportunity to the appellant institution for making personal presentation before the Appeal Committee.
Activities
The main activity of the Appeal Section is to receive Online Appeal from the concerned institution, enter data of the institution in the software and process it in chronological order. Thereafter, invite Appellant Institutions by way of notice for hearing by the Appeal Committee. After hearing by the Appeal Committee, convey the decision of the Appeal Committee to the Appellant Institutions and other concerned authorities in the shape of Appellate Order.
Appeal Fee
As per Rules 10 of NCTE Rules 1997 amended vide Notification on 27th February, 2015, any person aggrieved by an order made under section 14, 15 or 17 may prefer an online appeal under section 18 of the NCTE Act in the prescribed format to the Council within sixty days of issue of such orders, along with a fee of Rs. 25,000/- payable with the memorandum of appeal in the form of online only.
Provided that an appeal may be admitted after the expiry of the said period of sixty days, if the appellant satisfies the Council that he had sufficient cause for not preferring the appeal within the period of limitation of sixty days.
Procedure of disposal of appeals
Rules 11 of NCTE Rules 1997 (amended from time to time) provides the following procedure for disposal of appeals:-
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On receipt of memorandum of appeal, the Council shall call for the records of the case from the Regional Committee concerned which passed the order appealed against and after giving the appellant a reasonable opportunity of being heard pass such orders as it may deem fit.
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The appellant shall be entitled to be represented by an employee or officer of the appellant institution.
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The Council shall decided every appeal within 90 days which will be decided on perusal of documents, memorandum of appeal, written argument, if any, affidavits and after hearing such oral arguments as may be advanced.
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The Council shall not ordinarily allow more than three adjournments in any appeal.