Procedure for disposal of appeals

(1) 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.

(2) The appellant shall be entitled to be represented by an employee or officer of the appellant institution.

(3) The Council shall decide every appeal as expeditiously as possible and ordinarily every appeal shall be decided on a perusal of documents, memorandum of appeal, written arguments, if any, affidavits and after hearing such oral arguments as may be advanced.

(4) The Council shall endeavor to dispose of every memorandum of appeal within a period of three months for the date of its filing.

(5) The Council shall not ordinarily allow more than three adjournments in any appeal.

MEMORANDUM OF APPEAL

[See rule 11]

APPEAL BEFORE THE NATIONAL COUNCIL FOR TEACHER EDUCATION UNDER SECTION 18 OF NCTE Act, 1993

To

The Member Secretary,
National Council for Teacher Education,
New Delhi

Sir,

The appellant named above begs to prefer this Memorandum of appeal under section 18 of the National Council for Teacher Education Act, 1993 on the following facts and grounds :-

1. Yours above-mentioned appellant had applied to the Regional Committee under section ______________________________ of the National Council for Teacher Education Act, 1993 (73 of 1993 ) for ________________________.
   
   
2. The Regional Committee __________________ refused to grant such ________________ vide its order dated ____________ a copy of which is attached.
   

For the reasons set out below, your appellant(s) submit(s) that the _______________________ ought to have been granted by the Regional Committee.

The Regional Committee erred in deciding the mater on the following grounds.

GROUNDS OF APPEAL

1.

2.

3.

PRAYER

The appellant therefore prays that the order appealed against may be set aside and appropriate relief granted to the appellant.

Date :

I/We _______________________ the appellant(s) above named hereby declare that what is stated herein is true to the best of my/our information and belief and nothing material has been suppressed or concealed.

Place :

Date :

Signature of the appellant

his authorised signatory

Address of the appellant (s)

Notes : -

1. Delete inappropriate words or letters.

2. The memorandum of appeal should be accompanied by a fee of Rs. 1,000 paid by way of crossed demand draft in favour of the National Council for Teacher Education, New Delhi payable at New Delhi. The fee is non–refundable and non-transferable. Memorandum of appeal received without the prescribed fee shall not be entertained.

3. A copy of the order appealed against should invariably be enclosed to the memorandum of appeal.

4. The appeal should be submitted in duplicate, both copies complete with all enclosures, Copies of the documents relied upon should be appended to the memorandum of appeal.

5. All documents enclosed to the appeal should be duly authenticated by the appellant.
   
6. The Memorandum of Appeal –
   (i) Should be on plain paper neatly typed in double space.

(ii) should be addressed to the Member-Secretary, National Council for Teacher Education by designation only.
(iii) should contain an index for list of documents indicating page numbers consecutively given.
(iv) Should be complete in all respects and contain all material statements and arguments on which reliance are place. The Statements contained in the appeal should be duly supported by documentary evidence, whenever necessary.
(v) should not contain any extraneous or irrelevant points.
(vi) Should be divided into suitable paragraphs, each paragraph containing a specific point or issue.
(vii) Should not contain any disrespectful or improper language.
(viii) Should be signed on the left hand side bottom of every page by an authorised person giving his/her official position with the office seal of the institution on whose behalf the appeal is being preferred. Corrections, if any, should by duly initialed.

7. If there are any deficiencies in the form or content of the appeal or any other shortcomings, the appellant shall be given an opportunity to cure them within 15 days of the issue of a communication in this regard from the Council. No extension of time will be allowed for this purpose.