Bombay High CourtWP/9710/2013disposed off

Nagnath Education Society, Through President, Shri. Popatrao Annasaheb Deshmukh v. Union Of India, Through Secretary, Dept Of School Education And Literacy And ORS

2016-11-21Hon'Ble Shri Justice Prakash D. Naik,Hon'Ble Shri Justice Shantanu S. Kemkar2 pages

rpa 1/2 wp-9710-13.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9710 OF 2013 Nagnath Education Society .. Petitioner V/s.

Union of India & Ors.

.. Respondents ......

Mr. Akshay Kapadia i/b. M/s. J. Shekhar & Co., Advocate for the Petitioner.

None for the Respondents.

......

CORAM : SHANTANU S. KEMKAR AND PRAKASH D. NAIK, JJ.

DATED :

NOVEMBER 21, 2016.

P.C. :

Heard learned counsel appearing for the petitioner. Challenging the order dated 13th April, 2016 (ExhibitD) passed by the National Council for Teacher Education, New Delhi (NCTE) whereby the petitioner's appeal against the order of Western Regional Committee rejecting the application for recognition for additional intake D.Ed. course (E) has been dismissed, the petitioner has approached this Court by filing this petition under Article 226 of the Constitution of India. Learned counsel appearing for the petitioner submits that as the petitioner was not fulfilling the norms prescribed by

rpa 2/2 wp-9710-13.doc the NCTE whereby enabling him to apply and get recognition for additional intake D.Ed. course (E), the application was rejected by the Western Regional Committee vide order dated 4th December, 2012. The said order which was confirmed by the NCTE in appeal vide impugned order dated 13th April, 2013. Having considered the submissions made by the learned counsel for the petitioner, we are inclined to dispose of the petition with liberty to the petitioner to apply for additional intake D.Ed course (E) for the next academic session. In case such application is submitted by the petitioner, the competent authority (Western Regional Committee) shall consider the same in accordance with law.

Accordingly the petition is disposed of with liberty to the petitioner to file fresh application for the next academic session for the recognition for additional intake D.Ed course (E). In case such application is filed by the petitioner, the same shall be considered and decided on its own merits and in accordance with law.

Petition is disposed of accordingly.

(PRAKASH D. NAIK, J.) (SHANTANU KEMKAR, J.)