Jyotiba Shikshan Sanstha Through Its Secretary President Madhusudan Narayan Sarnaik v. The National Council Of Teacher Education Through Its Member Secretary And Others

CA-7126-25.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.7126 OF 2025 IN WP/5378/2023 Jyotiba Shikshan Sanstha, Through its Secretary / President, Madhusudan Narayan Sarnaik, Age: 65 years, Occu: Retired, R/o. Plot No.15, Udaynagar Co-op.

Housing Society, Behind ST workshop, Samarthnagar, Aurangabad ....APPLICANT

VERSUS

1. The National Council for Teacher Education N.C.T.E. through its Member Secretary, G-7, Sector-10, Dwarka, New Delhi-110075.

2. Western Regional Committee, Through its Regional Director, N.C.T.E. through its Member Secretary, G-7, Sector-10, Dwarka, New Delhi-110075.

3. The State of Maharashtra, Through its Secretary, Higher Education Department, Mantralaya, Mumbai-400 032

4. Director of Education (Higher Education) Maharashtra State, Central Building Pune.

....RESPONDENTS ....

Mr. M. B. Godhamgaonkar h/for Mr. Y. G. Birajdar, Advocate for applicant Mr. K. S. Patil, AGP for Respondents-State Mr. S. V. Kuptekar, Advocate for Respondent Nos.1 & 2 in WP ....

CORAM : S. G. CHAPALGAONKAR, J.

DATE : 15.07.2025 ORDER :-

(( 2 )) 1.

The applicant herein has filed writ petition impugning order dated 16.11.2022 passed by National Council for Teachers Education (NCTE) regarding withdrawal of recognition. Pertinently, applicantinstitution has been recognized since 27.06.2005 to run B.Ed. course. On 29.09.2020, applicant was served with show cause notice regarding withdrawal of recognition imputing violation of condition of shifting institution to own premises. Applicant replied show cause notice. However, order of withdrawal of recognition was passed citing violation of clause 8(4) (i) of N.C.T.E. regulation 2014 which mandates institution to have own premises. Applicant assailed order of withdrawal of recognition in Appeal. However, Appeal has been rejected vide order dated 16.11.2022. 2.

The writ petition was taken up for hearing before vacation Court on 11.05.2023. After considering rival contentions, order of withdrawal of recognition is stayed with further direction to display name of petitioner as recognized institution on its website and to communicate same to affiliating University and State of Maharashtra. This Court has further directed that admission of students shall be subject to final outcome of writ petition and directed to publish aforesaid note on website as well as all other publications for information of public at large. In deference to interim order passed by this Court, N.C.T.E. permitted participation of applicant institution in admission process for academic year 2023-24 subject to final

(( 3 )) outcome of writ petition.

3.

Again similar issue arose in next academic year and this Court vide interim order dated 27.05.2024 passed in Civil Application No.1668 of 2024 issued similar directions for academic year 2024-25. 4.

Since, writ petition is still pending awaiting hearing, present Civil Application is filed seeking direction to include name of applicantinstitution in Centralized Admission Process (CAP) for academic year 202526 on strength of restoration order dated 04.09.2023 with consequential directions to extend recognition of applicant-institution for academic year 2025-26.

5.

In view of reasons adopted in order dated 11.05.2023 granting interim relief in favour of applicant and similar course followed for next academic year vide this Court's order dated 27.05.2024, Civil Application deserves to be partly allowed.

6.

In result, following order is passed ::ORDER::

a.

Civil Application is partly allowed.

b.

Respondent-NCTE is directed to issue necessary orders to extend recognition of applicant-institution for academic year 2025-26 and display the same on its official website. The respondent State Authority to issue "No Objection Certificate" to applicant's college. c.

It is made clear that aforesaid arrangement is restricted for

(( 4 )) academic year 2025-26 and applicant as well as respondents shall make necessary publication indicating that admission of students shall be subject to final outcome of writ petition. d.

Civil Application stands disposed of in aforesaid terms. [ S. G. CHAPALGAONKAR, J. ] HRJadhav