Gujarat High Court High Court

Uttar vs Hemchandracharya on 1 April, 2010

Gujarat High Court
Uttar vs Hemchandracharya on 1 April, 2010
Author: Mr.S.J.Mukhopadhaya,&Nbsp;Honourable Mr.Justice Kureshi,&Nbsp;
   Gujarat High Court Case Information System 

  
  
    

 
 
    	      
         
	    
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SCA/7286/2009	 2/ 2	ORDER 
 
 

	

 

IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
 

 


 

SPECIAL
CIVIL APPLICATION No. 7286 of 2009
 

 
=========================================


 

UTTAR
GUJARAT KELAVANI MANDAL, THRO CHAIRMAN, SHALIN RAMESH - Petitioner(s)
 

Versus
 

HEMCHANDRACHARYA
NORTH GUJARAT UNIVERSITY & 1 - Respondent(s)
 

=========================================
 
Appearance : 
MS
ANUJA S NANAVATI for
Petitioner(s) : 1, 
DS AFF.NOT FILED (N) for Respondent(s) : 2. 
MR
AMIT M PANCHAL for Respondent(s) :
1, 
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CORAM
			: 
			
		
		 
			 

HONOURABLE
			THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA
		
	
	 
		 
		 
			 

and
		
	
	 
		 
		 
			 

HONOURABLE
			MR.JUSTICE AKIL KURESHI
		
	

 

 
 


 

Date
: 01/04/2010 

 

ORAL
ORDER

(Per
: HONOURABLE THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA)

Counsel
for the University submits that the University has taken a decision
to withdraw the impugned order dated 7th July 2009 and by
letter No.ACA/Affi/2184/2010 dated 31st March 2010, had
made following communication to the learned counsel :

(i) Letter
dated 13.07.2009, of the Chairman, North Gujarat Kelvani Mandal,
addressed to the Vice Chancellor of HNGU, by virtue of which it has
been informed that deficiencies as indicated in HNGU letter no.
Acd/B.Ed-Aff/NCTE/68/2008, dated 13.10.2008 addressed to the Regional
Director National Council for the Teacher Education, Western Regional
Committee, Bhopal, with regard to violation of NCTE Norms and
standards by registered teacher training institution of HNGU, have
been cured;

(ii) Minutes
of the 120th meeting of the Western Regional Committee of
NCTE, held on 23rd-24th June 2009, and more
particularly taking into account serial no.10 thereof, which
indicates the decision of WRC that Vidyasagar B.Ed.College Danodara,
Post Dhinoj, Taluka Chanasma, District Patan is permitted to
continue ;

(iii)
The Judgment of the Honourable Supreme Court of India in the case of
State of Maharasthra v. Sant Dyaneshwar Shikshan Shastra
Mahavidyalaya & others
, reported in (2006) 9 SCC 1, and more
particularly, considering paragraphs 74 to 80 wherein the Honourable
Supreme Court of India has held that as per 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.

Learned
counsel for the University further submits that withdrawal of the
aforesaid order will not stand in the way of the University to act
in accordance with law.

In
view of the above statements made by the counsel for the University,
no further order is required to be passed in the present case. This
application stands disposed of.

(S.J.Mukhopadhaya,
C.J.)

(Akil
Kureshi, J.)

(vjn)

   

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