Bombay High Court High Court

Gyanodaya Shikshan Pracharak … vs 2] The Registrar on 30 July, 2009

Bombay High Court
Gyanodaya Shikshan Pracharak … vs 2] The Registrar on 30 July, 2009
Bench: S.B. Mhase, R. M. Savant
                                        1

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              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      CIVIL APPELLATE JURISDICTION




                                                                          
                        WRIT PETITION NO.5884 OF 2009




                                                  
    Gyanodaya Shikshan Pracharak Samiti's               ]
    Gyanodaya B.Ed. College                             ]
    through its Secretar/Trustee                        ]




                                                 
    a Public Trust registered under                     ]
    Bombay Public Trust Act, 1950,                      ]
    and a Society Registered under the                  ]
    Society Registration Act, 1860 having its           ]




                                        
    office at Survey No.160/4, Post J K Gram            ]
    Savarkar Nagar, Dist. Thane 400 606
                            ig                          ].... Petitioners

               versus
                          
    1]    The State of Maharashtra                      ]
          Through the Secretary                         ]
          Higher Education Mantralaya, Mumbai           ]
                                                        ]
            


    2]    The Registrar,                                ]
         



          Mumbai University, M G Road, Mumbai           ]
                                                        ]
    3]    The Regional Director, Western                ]
          Region Committee NCTE,                        ]





          Manus Bhavan, Shamla Hill, Bhopal             ].... Respondents.


                                ALONG WITH
                        WRIT PETITION NO.5886 OF 2009





    1]    Habib Educational & Welfare Society           ]
          a Society registered under the Societies      ]
          Registration Act, 1860 and a public trust     ]
          registered under the Bombay Public Trust      ]
          Act, 1950 having its office - Hissa No.2,     ]
          Khasra No.9, At post - Kausa, Mumbra          ]
          Thane 400 612, through its President          ]
          Shri Mohammed Shoeb Habibulla Khan            ]


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                                        2

    2]   Late Khatija College of Eudcation,               ]
         Hissa No.2, Khasra No.9, At post - Kausa,        ]
         Mumbra, Thane 400 612                            ]..Petitioners




                                                                           
              Versus




                                                   
    1]   The State of Maharashtra                         ]
         Through its Secretary, Higher & Technical        ]
         Department, Mantralaya, Mumbai                   ]




                                                  
         (to be served on learned Government Pleader      ]
         High Court, Bombay (A.S.)                        ]
                                                          ]
    2]   The Registrar,                                   ]




                                        
         Mumbai University, M G Road, Mumbai              ]
                           ig                             ]
    3]   The Regional Director,                           ]
         National Council for Teacher Education           ]
         Western Regional Committee                       ]
                         
         Manus Bhavan, Shamla Hill, Bhopal, M.P           ].... Respondents.


                               ALONG WITH
           


                       WRIT PETITION NO.5963 OF 2009
        



         Shri Kanhaiyalal Maharaj Shaishanik  &           ]
         Samajik Trust, Sainath Shikshanshastra           ]
         Mahavidyalaya (B.Ed. (M) College,)               ]





         Through the President / Trustee                  ]
         registered under the Bombay Public Trust         ]
         Act, and also the society registered under the   ]
         Societies Registration Act, 1860 having their    ]
         office / college at Hotel Parth, Murlidhar       ]





         Complex, Gangaghat, Behind Panchavati            ] 
         Dist Nashik                                      ]...Petitioners

              Versus

    1]   The State of Maharashtra                         ]
         Through the Secretary, Higher Education          ]
          Mantralaya, Mumbai 32                           ]




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                                        3

    2]   The Registrar,                             ]
         Pune University, Ganeshkhind, Pune 411 007 ]
                                                    ]




                                                                           
    3]   The Regional Director,                     ]
         National Council for Teacher Education     ]




                                                   
         Western Regional Committee                 ]
         Manus Bhavan, Shamla Hill, Bhopal, M.P     ].... Respondents.




                                                  
                               ALONGWITH 
                       WRIT PETITION NO.5964 OF 2009

         Bahuuddeshiya Samajik Gramin And                 ]




                                        
         Shaikshanik Sanstha Shikshan                     ]
         Shashra (B.Ed. (M) College,)
                           ig                             ]
         Through the President / Trustee                  ]
         registered under the Bombay Public Trust         ]
         Act, and also the society registered under the   ]
                         
         Societies Registration Act, 1860 having their    ]
         office at Gat No.830, D.Ed. College, Abhona      ]
         (Nanduri Road), Tal. Kalwan, Dist Nashik         ]...Petitioners
           


              Versus
        



    1]   The State of Maharashtra                   ]
         Through the Secretary, Higher Education    ]
          Mantralaya, Mumbai 32                     ]





                                                    ]
    2]   The Registrar,                             ]
         Pune University, Ganeshkhind, Pune 411 007 ]

    3]   The Regional Director,                           ]





         National Council for Teacher Education           ]
         Western Regional Committee                       ]
         Manus Bhavan, Shamla Hill, Bhopal, M.P           ].... Respondents.

                               ALONG WITH
                       WRIT PETITION NO.5975 OF 2009

         Somnatharpan Shikshan Prasarak                   ]
         Sanstha's (B.Ed. Women's College,)               ]
         Through the President / Trustee                  ]


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                                        4

         registered under the Bombay Public Trust         ]
         Act, and also the society registered under the   ]
         Societies Registration Act, 1860 having their    ]




                                                                           
         office / college at Plot No.746/1 and            ]
         Plot No.9 & 10 Khasra No.1144/314, Savda         ]




                                                   
         Road, Raver, Dist Jalgaon                        ]
         and also having address at Lock No.10,           ]
         Santoshi Mata Mandir Road, Suman Apt.            ]
         Kalyan Dist. Thane                               ]...Petitioners




                                                  
              Versus

    1]   The State of Maharashtra                         ]




                                        
         Through the Secretary, Higher Education          ]
          Mantralaya, Mumbai 32
                           ig                             ]
                                                          ]
    2]   The Registrar,                                   ]
         S.N.D.T. Women's University                      ]
                         
         1, Nathibai Thackersey Road, Mumbai - 20         ]

    3]   The Regional Director,                           ]
         National Council for Teacher Education           ]
           


         Western Regional Committee                       ]
        



         Manus Bhavan, Shamla Hill, Bhopal, M.P           ].... Respondents.

                                ALONGWITH
                       WRIT PETITION NO.6108 OF 2009





         Arihant Education Foundation's                   ]
         Arihant College of Education (B.Ed. College,)    ]
         Through the President / Trustee                  ]
         registered under the Bombay Public Trust         ]





         Act, and also the society registered under the   ]
         Societies Registration Act, 1860 having their    ]
         office / college  at Plot No.569/1, D.P. Road    ]
         Todkar Complex, Bibavewadi, Kondhwa Road         ]
         and Parshwa Vihar, Vadgaon Budruk,               ]
         Near Suncity, Opp. Shahu Bank, Dist Pune         ]...Petitioners

              Versus




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                                        5

    1]   The State of Maharashtra                         ]
         Through the Secretary, Higher Education          ]
          Mantralaya, Mumbai 32                           ]




                                                                           
    2]   The Registrar,                             ]




                                                   
         Pune University, Ganeshkhind, Pune 411 007 ]

    3]   The Regional Director,                           ]
         National Council for Teacher Education           ]




                                                  
         Western Regional Committee                       ]
         Manus Bhavan, Shamla Hill, Bhopal, M.P           ].... Respondents.




                                        
                               ALONGWITH 
                       WRIT PETITION NO.6122 OF 2009
                          
         Samarath Shaikshanik Samajik &                   ]
         Sanskurutik Pratishthan's Samarath               ]
                         
         Shikshanshastra Mahavidyalaya                    ]
         (B.Ed. (M) College,)                             ]
         Through the President / Trustee                  ]
         registered under the Bombay Public Trust         ]
           


         Act, and also the society registered under the   ]
        



         Societies Registration Act, 1860 having their    ]
         office at Dhule, Katkade Naghar, Satpur,         ]
         Tal. Nashik, Dist Nashik                         ]...Petitioners





              Versus

    1]   The State of Maharashtra                         ]
         Through the Secretary, Higher Education          ]
          Mantralaya, Mumbai 32                           ]





                                                    ]
    2]   The Registrar,                             ]
         Pune University, Ganeshkhind, Pune 411 007 ]

    3]   The Regional Director,                           ]
         National Council for Teacher Education           ]
         Western Regional Committee                       ]
         Manus Bhavan, Shamla Hill, Bhopal, M.P           ].... Respondents.



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                                               6


    Mr.R A Dada, Senior Advocate, along with Mr C K Thomas i/by M/s. C K 
    Thomas & Co. for the Petitioners in Writ Petition Nos.5884/09, 5963/09, 




                                                                                   
    5964/09, 5975/09, 6108/09 and 6122/09.




                                                           
    Mr.Girish Kulkarni i/by Mr Sandeep Waghmare  for the Petitioner in Writ 
    Petition No.5886 of 2009.

    Mr. B V Phadnis a/w Mr R Rodrigues for the Respondent No.2 in Writ 




                                                          
    Petition Nos.5884/09 and 5886/09

    Mr. V P Malwankar, AGP, for the Respondent No.1.




                                              
    Mr Rahul Matkari i/by Mrs.M G Kulkarni for Respondent No.2 in Writ 
    Petition Nos.5963/09, 5964/09, 5975/09, 6108/09 and 6122/09
                               
    Mr Uday Warunjikar for the NCTE.
                              
                                            CORAM : S B MHASE &
                                                    R M SAVANT, JJ.

DATE : 30th July 2009

JUDGMENT : PER R M SAVANT J.

1. Rule. Rule with the consent of the parties made returnable

forthwith. Heard the learned counsel for the parties.

2. The above Petitions have been filed against the 1st Respondent

seeking a direction to forthwith grant necessary permission and affiliation

to the Petitioners to start B.Ed. Colleges for conducting the B.Ed. Course

to the Petitioners, who are having Recognition Certificates from the

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NCTE. Since the above Petitions involve common question, they are

heard and decided together. For the sake of convenience the facts in Writ

Petition No.5886 of 2009 would be referred to.

3. The Petitioner No.1 in the said Writ Petition No.5886 of 2009

is a society registered under the Societies Registration Act, 1860 and also

a trust registered under the Bombay Public Trust Act, 1950. The

Petitioner No.1 claims to run several schools, high schools, arts, sicence,

commerce college, including professional colleges such as BAMS, B.SC.

I.T. The Petitioner No.1 claims to be a minority institution being

dedicated to the welfare of minority sector. The Petitioner No.1 applied

to the Respondent No.3 for grant of Recognition Certificate to start B.Ed

course with annual intake of 100 candidates from the year 2009-2010.

The Petitioners claim to have complete infrastructure for starting the said

course in the Petitioner No.2-Institution. The said application of the

Petitioner No.1 was considered by the Respondent No.3 and vide its order

dated 26.11.2008 the Respondent No.3 granted the said recognition

certificate to the Petitioner No.1 to start B-Ed course for the academic

year 2009-2010. In so far as Minority Educational Institutions are

concerned, the Head Office of Respondent No.3 – NCTE, it appears, had

issued a circular dated 3.2.2008 to all its Regional Branches including the

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Third Respondent herein thereby issuing directions that the Applications

from minority educational institution, which are formally declared as

minority and who have submitted their applications to the Regional

Committee before cut of date i.e. 31-10-2008, may be considered for the

academic year 2009-2010, even from the States for which a ban has been

imposed to consider the applications for the academic year 2009-2010 in

view of the recommendations of the respective State Governments/Union

Teritories Administrations. It appears that similar Recognition

Certificates have been issued to the Petitioners in the companion

Petitions.

4. The Petitioners thereafter submitted the said recognition

certificate to the Respondent No.2 i.e the University of Mumbai which in

turn forwarded the said Application of the Petitioners to the Respondent

No.1 vide its letter dated 29-12-2007. That the Respondent No.2 has

forwarded the application of the Petitioners to the Respondent No.1 was

informed to the Petitioners by the Respondent No.2 by its letter dated

3-1-2008. Since the Petitioners could not get permission from the 1st

Respondent within the time frame prescribed, the 2nd Respondent by its

letter dated 24-2-2009 informed the Petitioners that one third amount of

affiliation fee will be refunded to the Petitioners as per the rules in due

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course. The Petitioners claimed to have all the necessary infrastructure in

place in so far as Petitioner No.2 is concerned and have also the

employees including teaching and non-teaching staff as per the norms

prescribed by the Respondent No.3. The Petitioners in view of the non-

receipt of the permission from the 1st Respondent issued two reminders to

the Respondent No.1 dated 10-6-2009 and 18-6-2009 requesting the

Respondent No.1 to do the needful and issue letter of approval at the

earliest so that affiliation could be granted by the 2nd Respondent

University and the admission for academic year 2009-2010 could be

started. The Petitioners also claim to have addressed a request letter to

the Hon’ble Cabinet Minister of the Department of Higher & Technical

Education, Government of Maharashtra. Upon receiving no response to

the said letter, the Petitioners have filed the instant Petition.

5. In so far as other Petitions are concerned, similar

reminders/letters have also been addressed by the Petitioners in the said

companion writ petitions.

6. In so far as the Petitioners above named are concerned, it is

the contentions of the Petitioners that they are entitled to establish an

educational institution of their choice on account of the minority status.

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The Petitioners relying upon the circular dated 3.2.2008 issued by the

Head Office of the 3rd Respondent NCTE which circular inter alia lays

down that the applications from Minority Educational Institution which

are formally declared as such and which submitted their applications to

the Regional Committee before cut of dated 31-10-2008 may be consider

for such courses for which ban has been imposed to consider the

applications for the academic year 2009-2010 in view of the

recommendations of the respective State Governments/Union Territories.

It is the contention of the Petitioners that in the light of the observations

of the NCTE it is incumbent upon the 1st Respondent to forthwith grant

approval letter in favour of the Petitioners.

7. It is the contention of the Petitioners in the above Petition as

well as in the companion matters that in view of the provisions of the

NCTE Act 1993 once the NCTE has granted recognition certificate, it is

mandatory on the Respondent Nos.1 and 2 to grant permission and

necessary affiliation for the B.Ed Colleges to be run by them. The

Petitioners have principally relied upon the provisions ofr the NCTE Act,

1993 and the judgment of the Apex Court reported in 2006(9) SCC 1 in

the matter of State of Maharashtra v/s. Sant Dnyaneshwar Shikshan

Shastra Mahavidalaya and ors in support of their submissions.

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8. On behalf of the State Government affidavit in reply has been

filed by one Sadashiv Shivdas, Joint Secretary to the Government, Higher

and Technical Education Department, Government of Maharashtra. It

has been stated in the said affidavit that requirement of the teachers is

about 8000 per year whereas the intake capacity the B Ed colleges which

have been sanctioned is about 40000 , and therefore Hon’ble Chief

Minister of the State had written D.O letter dated 11-7-2006 to the

Hon’ble Minister, Human Resource Development, Government of India,

New Delhi requesting them to direct the NCTE authorities not to issue

any permission for opening of new B.Ed Colleges without due

deliberation with the State authorities.

9. It has further been stated in the said affidavit that by letter

dated 21-11-2008, the Regional Director, Western Regional Committee,

NCTE, Bhopal was directed by the Member Secretary, NCTE, New Delhi

not to consider any application for B.Ed Course for the academic year

2009-2010 from the State of Maharashtra and all such applications

should be returned along with processing fees and other documents to

the Institution concerned. The affidavit further goes on to state that there

are already 469 B Ed Colleges in existence in Maharashtra and the intake

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capacity presently of all the colleges is approximately 50,000 students

every year whereas the requirement is only of 8,000 teachers per year in

the State. It is further stated in the said affidavit that to avoid further

unfortunate events of unemployment, mal-practices, frustration of

trained graduates, the State Government thought it fit not to grant

further permission to B Ed Colleges. The affidavit further goes on to

state that issuing permission without taking into consideration the

existing intake capacity will create imbalance between supply of trained

graduate teachers and requirement in the school. It is further stated that

if excess permission is given for starting new B Ed Colleges then there is

possibility of law and order situation arising on account of

unemployment of the trained graduates. It is therefore stated that in view

of the aforesaid reasons the State Government has not granted

permission to the Petitioners to start B Ed college.

10. We have heard the learned counsel for the parties. On behalf

of the Petitioners, the principal submission is that once the Respondent

No.3 has granted recognition certificate, it is not open for the Respondent

No.1 to refuse permission to the Petitioners to start the B Ed college. The

learned counsel for the Petitioners placed reliance on the scheme of the

NCTE Act, 1993 which had come up for consideration before the Apex

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Court in the Judgment of the Sant Dnyaneshwar Shikshan Shastra

Mahavidalaya (Supra). It is submitted on behalf of the Petitioners that

final authority for starting B Ed College is the NCTE and it is therefore

neither open to the State Government nor the Respondent No.2

University to consider local condition or apply its policy to refuse such

permission. In fact it is contended that the State Government has no

power to over rule the decision of the NCTE, and therefore inaction on

the part of the State Government or refusal on the part of the State

Government to grant permission to the Petitioners to start B Ed college is

contrary to law. The learned counsel for the Petitioners drew our

attention to the various Paras of the judgment cited supra in that behalf.

11. On the other hand it is contended on behalf of the

Respondent No.1 that the opinion expressed by the State Government is

necessary to be considered by the NCTE whilst deliberating whether the

recognition certificate ought to be granted or not to a particular

institution. It is further contended on behalf of the Respondent No.1 that

considering the present intake capacity of the existing B Ed colleges

which is about 50,000 and also considering the requirement which is

about 80,000 teachers, the State Government thought it fit not to grant

any permission for opening of any new B Ed college. The learned

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counsel for the Respondent No.1, therefore, submitted that though the

Respondent No.3 has granted recognition certificate, the State

Government still has a role to play in the matter of granting of permission

to start a new B Ed College.

12. The learned counsel for the Respondent No.2 University

submitted that the Respondent No.2 University has no objection to grant

affiliation provided permission is granted by the Respondent No.1 and in

fact the Respondent No.2 has submitted the papers to the Respondent

No.1 for necessary approval.

13. It is pertinent to note that in each of the above Petitions the

Petitioner has a recognition order from the NCTE, the concerned

Universities have also forwarded the papers to the State Government and

it is the State Government which is not taking any decision as regards

grant of permission to the Petitioners and affiliation to the concerned

Universities. As mentioned herein above the State Government has filed

affidavit in Writ Petition No.5884 of 2009. The stand of the State

Government in the said affidavit has been referred to earlier in this

judgment. The stand of the State Government is, therefore, that the

permission cannot be granted to the Petitioners in view of the fact that

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the State Government is of the opinion that already intake capacity of the

existing B Ed colleges is far beyond the requirement of teachers in the

State.

14. It is therefore required to be considered whether the State

Government can refuse permission on the alleged policy mentioned in the

affidavit. In the judgment cited supra wherein the issue was as regards

granting of no objection or refusing to grant affiliation by the University

examining body in the matter of the B Ed colleges, the Apex Court has

held on consideration of the provisions of NCTE Act and considering that

the said Act is an act of Parliament referable to Entry 66 of List I of

Schedule VIII. The Apex Court has held that the final authority under the

said Act lies with the NCTE and the NCTE cannot be deprived of its

authority or power in taking appropriate decision under the said Act

irrespective of absence of no objection certificate by the State

Government/Union Territories. It has been held that the State

Government can not refuse the permission on the basis of policy

considerations. It has also been held by the Apex Court in the said

judgment that the State Government has no power to refuse permission

or over rule the decision of the NCTE. The relevant paras of the said

judgment are reproduced herein under :-

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63. In the instant case, admittedly, Parliament has

enacted the 1993 Act, which is in force. The preamble of the

Act provides for establishment of National Council for
Teacher Education (NCTE) with a view to achieving planned
and coordinated development of the teacher-education

sustem throughout the country, the regulation and proper
maintenance of norms and standards in the teacher-education

system and for matters connected therewith. With a view to
achieving that object, the National Council for Teacher

Education has been established at four places by the Central
Government. It is thus clear that the field is fully and

completely occupied by an Act of Parliament and covered by
Entry 66 of List I of Schedule VII. It is, therefore, not open for

the State Legislature to encroach upon the said field.

Parliament alone could have exercised the power by making
appropriate law. In the circumstances, it is not open to the
State Government to refuse permission relying on a State Act

or on “policy consideration.”

64. Even otherwise, in our opinion, the High Court
was fully justified in negativing the argument of the State
Government that permission could be refused by the State
Government on “policy consideration”. As already observed
earlier, policy consideration was negatived by this court in
Thirumuruga Kirupananda Turst as also in Jaya Gokul
Educational Trust.

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68. In view of the fact, however, that according to us,

the final authority lies with NCTE and we are supported in
taking that view by various decisions of this court, NCTE,

cannot be deprived of its authority or power in taking an
appropriate decision under the Act irrespective of absence on

no objection certificate by the State Government / Union
Territory. Absence or non production of NOC by the
institution, therefore, was immaterial and irrelevant so far as

the power of NCTE is concerned.

74. It is thus clear that the Central Government has

considered the subject of secondary education and higer
education at the national level. The Act of 1993 also requires
Parliament to consider teacher-education system “throughout

the country”. NCTE, therefore, in our opinion, is expected to

deal with applications for establishing new Bed colleges or
allowing increase in intake capacity, keeping in view the 1993

Act and planned and coordinated development of teacher-
education system in the country. It is neither open to the
State Government nor to a university to consider the local

conditions or apply “State Policy” to refuse such permission.
In fact, as held by this court in cases referred to hereinabove,
the State Government has no power to reject the prayer of an
institution or to overrule the decision of NCTE. The action of
the State Government, therefore, was contrary to law and has
rightly been set aside by the High Court.

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18

75. The decision relied on by Vidharbha Sikshan
Vyawasthapak Mahasangh V. State of Maharashtra
has no

application to the facts of the case. In that case, the power
was with the State Government to grant or refuse permission

to open Bed college. Considering the fact that if permission
would be granted, there would be large-scale unemployment,

it was decided by the State government not to allow new BEd
colleges to be opened. It was held by this court that such
policy decision could not be said to be arbitrary or otherwise

unreasonable. The Court in that case was not concerned with

the power or authority of the State Government vis-a-vis the
Central Government and the Act of Parliament. In the present

case, as the field was fully occupied by Entry 66 of List I of
Schedule VII to the Constitution and Parliament has enacted
the 1993 Act, it was not open to the enactment, as per the

decisions of this court, would be void and inoperative. It

would be unthinkable that if the State Legislature could not
have encroached upon a field occupied by Parliament, it

could still exercise power by executive fiat by refusing
permission under the “policy consideration”. The contention
of the State Government, therefore, has to be negatived.

80. In our opinion, the observations that the
provisions of Sections 82 and 83 of the Maharashtra
Universities Act are “null and void” could not be said to be
correct. To us, it appears that what the High court wanted to
covney was that the provisions of Sections 82 and 83 would
not apply to an institution covered by the 1993 Act. As per

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the scheme of the Act, once recognition has been granted by
NCTE under section 14(6) of the Act, every university

(“examining body”) is obliged to grant affiliation to such
institution and Sections 82 and 83 of the University Act do

not apply to such cases.

15. In our view, therefore, considering the said judgment of the

Apex Court, the matter is no more res integra in so far as powers of the

NCTE under the said Act are concerned, and once the NCTE has granted

recognition order it is not open for the State Government to withhold the

permission on the ground of policy consideration. It would be pertinent

to note that the case sought to be made out by the Respondent No.1 State

Government in the above Petition was exactly the case sought to be made

out before the Apex Court in the Judgment cited (Supra). The said case

has been negatived by the Apex Court in Paras 63 and 74 of the said

Judgment (Supra). The Respondent No.1 has no other material than the

material which was before the Apex Court in the year 2006. It is

therefore not open for the Respondent No.1 to withhold the permission

on the grounds stated in the affidavit.

16. The learned AGP for the Respondent No.1 also sought to rely

upon the interim order passed by the Apex Court in the Petition(s) for

Special Leave to Appeal (Civil) No (s).4243-4244/2009 The said Appeals

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have been filed against the judgment and order dated 07-01-2009 passed

by a Division Bench of this Court sitting at Nagpur in Writ Petition No.

2701/2008. By the said judgment, the Division Bench has set aside the

recognition/permission granted by the Respondent No.3 herein in its 101

to 109th meetings pertaining to the State of Maharashtra for

establishment of 291 new D Ed colleges/courses. By the interim order,

the Apex Court has directed the State Government to allot seats for

admission to the students as per the scheme provided by the State. The

interim order mentions cancellation of the recognition of the

Applicants/Petitions before the Apex Court.

17. In our view, the reliance placed by the learned AGP on the

said interim order of the Apex Court is misfounded, as the issue before

the Division Bench was as regards recognition/permission granted to D

Ed colleges by the NCTE and not the B Ed colleges which is the subject

matter of the instant Petitions. In our view, considering the judgment of

the Apex Court cited (Supra) above the Petitions are required to be

allowed and are accordingly allowed in terms of prayer clause (a) of all

the Petitions. However, prayer clause (a) of the Writ Petiton No.5886 of

2009 is reproduced herein under :-

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“(a) that this Hon’ble Court be please to issue a writ
of mandamus or a writ, order or direction in the

nature of mandamus thereby directing the
Respondent Nos.1 & 2 to produce the relevant

records and after considering the legality and
validity and propriety thereof this Hon’ble Court be

please to direct the Respondent Nos.1 and 2 to
forthwith grant the necessary permission and
affiliation to the Petitioners for starting a new B.Ed

College at Savarkar Nagar, Dist. Thane from

academic year 2009-2010 as recognized by the
Respondent NO.3.

Since we have allowed the Petitions on the Application of the judgment

of the Apex Court in Sant Dnyaneshwar Shikshan Shastra Mahavidalaya,

we have not gone into the aspect as to whether the Petitioners who are

minority institutions are entitled to the reliefs in view of the directions of

the Head Office of the NCTE. Needless to state that the Petitioners would

be entitled to admit the students for the academic year 2009-2010. Rule

is accordingly made absolute to the aforesaid extent.

         Sd/-                                                          sd/-
    [R.M.SAVANT, J]                                               [S.B.MHASE, J]




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