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SCA/13702/2009 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 13702 of 2009
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SMT
D A SHUKLA COLLEGE OF EDUCATION, MANAGER BY HIRABA - Petitioner(s)
Versus
NATIONAL
COUNCIL FOR TEACHER EDUCATION, WESTERN REGION, & 1 -
Respondent(s)
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Appearance :
MS
SRUSHTI A THULA for Petitioner(s) : 1,
NOTICE SERVED BY DS for
Respondent(s) : 1,
MR AJ SHASTRI for Respondent(s) : 1,
None
for Respondent(s) :
2,
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CORAM
:
HONOURABLE
THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA
HONOURABLE
MR.JUSTICE J.B.PARDIWALA
Date
: 06/05/2011
ORAL
ORDER
(Per
: HONOURABLE THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA)
The
writ petition was preferred by the petitioner for a direction on the
1st respondent-National Council for Teacher Education (N.C.T.E.),
Western Region, to grant approval/permission to the petitioner to
move from rented premises to its own premises, without being
influenced by order passed by this Court on 31st August 2009 in
Special Civil Application No. 4918 of 2009. The writ petition was
filed in the year 2009, and from time to time, the case was adjourned
to enable the petitioner to deposit the fee for inspection, etc.
N.C.T.E. thereafter reconsidered the case of the petitioner and
passed an order on 9th April 2011 withdrawing the recognition of the
petitioner institute on the ground of shifting to other place. A
copy of the order dated 9th April 2011 is produced by the counsel for
the petitioner, from which it appears that N.C.T.E. has not permitted
the institute to shift to new premises on the grounds:-
i) that
the society acquired land from another society on lease for 99 years,
and the lease-deed is an unregistered one; and
ii) the
society has handed over the college to another society for which
there is no provision in the Regulations.
Learned
counsel for the petitioner filed a draft amendment and requested to
allow the petitioner to amend the prayer as was made in the original
petition. However, as we find that there is an allegation that the
petitioner society has already handed over the college to another
society, and there is a fresh cause of action in view of the order
dated 9th April 2011, and the prayer earlier made has also become
infructuous, we are not inclined to allow the amendment as sought for
in this case. The aggrieved society or the institute may file a
separate case before appropriate forum. The writ petition stands
disposed of with the aforesaid observations.
(S.J.
MUKHOPADHAYA, C.J.)
(J.B.
PARDIWALA, J.)
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