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SCA/5396/2009 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 5396 of 2009
======================================
JAY
JALARAM B.ED. COLLEGE
Versus
STATE
OF GUJARAT & others
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Appearance :
Mr.
Pratik Jasani for the petitioner
Ms.
Trusha Patel, AGP, for respondent
No.1
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CORAM
:
HONOURABLE
THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA
and
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 25/01/2010
ORAL
ORDER
(Per
: HONOURABLE THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA)
1. This
application has been preferred by the petitioner against the order
dated 25.4.2009/3.5.2009 whereby and whereunder the National Council
for Teacher Education [‘NCTE’ for short] informed its decision that
no application for B.Ed. course from any Institution in the State of
Gujarat would be considered for recognition for the year 2009-2010
and, thereby, returned the application form along with the processing
fee.
2 The
learned counsel appearing on behalf of the petitioner while submitted
that the application was filed within time and no proper cause is
shown for refusal of recognition for the year 2009-2010, further
submitted that the respondent could have considered the said
application for the subsequent session 2010-2011.
3 We
have heard the learned counsel for the petitioner and respondent
No.1.
4 In
the present case, as we found that the B.Ed. course for session
2009-2010 is going to be completed within few months, we are of the
view that even if there is merit it will not be desirable to set
aside the order remitting the matter to the respondent to consider
the question of grant of recognition for session 2009-2010. So far as
the question of grant of recognition for session 2010-2011 is
concerned, it is informed that the system of filing application has
now changed most probably on-line application is accepted by the NCTE
for grant of recognition to the Institution for imparting
B.Ed.course. For the said reason also, we are not inclined to direct
the NCTE to consider the case of the petitioner for grant of
recognition for imparting B.Ed.course in session 2010-2011 on the
basis of the old application.
5 However,
taking into consideration the nature of the case, we allow the
petitioner to file fresh application in accordance with law with
requisite processing fee for grant of recognition for imparting
B.Ed. course for session 2010-2011 within the time prescribed by the
NCTE or to prefer an appeal before the Appellate Authority. If such
fresh application is filed by the petitioner within the time
prescribed by the NCTE , the said authority will consider the same
independently without being influenced by the impugned order dated
25.4.2009/3.5.2009 preferably before the sessions starts.
6 This
application stands disposed of with the aforesaid observation but
there will no order as to costs.
[S.J.
Mukhopadhaya, C.J.]
(Anant
S. Dave, J.)
(swamy)
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