Trimurti Pawan Pratishthan Through Authorized Signatory v. The State Of Maharashtra And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 5025 OF 2019 Trimurti Pawan Pratishthan through Authorized Signatory .. Petitioner

Versus

The State of Maharashtra and others .. Respondents Shri Swapnil S. Rathi, Advocate for the Petitioner. Shri S. B. Yawalkar, Addl.G.P. for the Respondent No. 1. Shri N. S. Tekale, Advocate for Respondent Nos. 2 and 3. Shri V. P. Golewar, Advocate h/f Shri A. R. Joshi, Advocate for the Respondent No. 4.

CORAM :

MANGESH S. PATIL AND SHAILESH P. BRAHME, JJ.

DATE :

30 AUGUST 2023.

FINAL ORDER :

.

Heard the learned advocate for the petitioner, the learned advocate Mr. Tekale, who appears for respondent Nos.2 and 3 and the learned Additional Government Pleader. 2.

The recognition granted to the petitioner to undertake B. Ed. (Boys) course with intake capacity of 100 students pursuant to the order passed U/Sec. 14 of the National Council for Teacher Education Act, 1993 (for short Act of 1993") and the subsequent order stated to have been passed on 15 July, 2009 pursuant to the provisions of Section 17 of the Act of 1993 withdrawing the recognition is the matter in dispute.

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The learned advocate for the petitioner on instructions submits that in view of the stand being taken by the respondent Nos. 2 and 3 in their affidavit in reply regarding availability of alternate remedy of challenging the order by way of appeal, we dispose of the writ petition by granting liberty to the petitioner to resort to the appropriate statutory remedy of preferring appeal against the order dated 15 July 2009. The respondent No. 2 shall decide the appeal once it is presented as expeditiously as possible and in any case within a period of four (04) weeks from the date of presentation.

[ SHAILESH P. BRAHME, J.] [ MANGESH S. PATIL, J.] bsb/Aug. 23