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W.P.13475 of 2009
15.9.2010
Shri D.K. Dixit, Counsel for the petitioner.
Shri K.K. Singh, Counsel for the respondents.
A preliminary objection has been raised by the
petitioner that against the impugned order Annexure P-13 an
appeal is provided under Section 18(1) of NCTE Act, 1993.
As an alternative efficacious remedy of filing statutory appeal
is available to the petitioner, this petition may not be
entertained.
In reply to this Shri Dixit, learned counsel for the
petitioner submitted that the facts of this case are peculiar.
By order Annexure P-13 dated 25/29.8.2008 the case of the
petitioner was turned down as per the decision of the 105th
WRC meeting of the respondent but in 106th meeting of WRC
Annexure P-15, permission was accorded. The reason which
has been shown in Annexure P-13 that the size of the class-
room was smaller than the size prescribed by NCTE
concerned but in this regard a subsequent letter dated
11.3.2008 has not been considered by the respondents.
Shri Singh, learned counsel for the respondents
submitted that there was some mistake in 106th meeting of
WRC in respect of which the respondents have explained in
the additional return in which it is stated that in the remark
column of “Decision of WRC”, the remark of some other
institution has wrongly been typed in the column against the
petitioner.
As an alternative remedy is available to the petitioner
to file statutory appeal against the impugned order, we are
inclined to entertain this petitioner and permit the petitioner
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W.P.13475 of 2009
15.9.2010
to file appeal against the impugned order Annexure P-13
within a period of 30 days from today. The petitioner while
filing the appeal shall be entitled to raise all the grounds
which are raised in this petition including the ground on the
basis of decision of respondents in its 106th meeting Annexure
P-14. The petitioner may also canvass to the Appellate
Authority in respect of the letter dated 11.3.2008, stated to
be sent to the respondents. The Appellate Authority on filing
such an appeal shall consider all the contentions of the
petitioner and shall decide it expeditiously as far as possible
within a period of two months from the date of filing of the
appeal.
With the aforesaid directions, this petition is disposed
of finally.
C.C.as per rules.
(Krishn Kumar Lahoti) (Smt. Vimla Jain)
JUDGE JUDGE
vj