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Bombay High CourtWP/8496/2020disposed off

Talat Shikshan Mandal Through Its Vice President v. The Union Of India And Others

2020-12-22Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice Shrikant D. Kulkarni2 pages

927-wp-8496-20

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 8496 OF 2020 Talat Shikshan Mandal Nandurabad, Tq. Khultabad Dist. Aurangabad through its Vice-President Khaled Siddiqui Mahemmod-Ur-Raheman ... Petitioner.

Versus

The Union of India and others ... Respondents.

....

Mr. Atul M. Karad, Advocate for the Petitioner. Mr. D.G, Nagode, Standing Counsel for Respondent No.1. Mr. Amol Ganghi, Advocate h/f Mr. N.S. Tekale, Advocate for Respondent Nos. 2 and 3.

Mr. P.K. Lakhotia, A.G.P. for Respondent No.4. Mr. S.G. Karlkerkar, Advocate for Respondent No.5. ....

CORAM : S.V. GANGAPURWALA AND SHRIKANT D. KULKARNI, JJ.

DATE : 22nd DECEMBER, 2020 PER COURT:- 1.

Mr. Karad, the learned counsel submits that the NCTE be directed to issue an approval letter as the petitioner has removed all the deficiencies and made compliance of the final show cause notice long back and further the petitioner be allowed to admit B.Ed. student for academic year 2020-21. According to the petitioner, final show cause notice was issued to the petitioner on 05.03.2020. On 28.05.2020, reply was filed that all the deficiencies have been rectified. No decision has been taken by the NCTE.

927-wp-8496-20 2.

Mr. Gandhi, the learned counsel holding for Mr.Tekale, the learned counsel for NCTE submits that it is not possible to take decision by 26.12.2020. The petitioner had not submitted the compliance within 30 days as per the final show cause notice. 3.

It appears that because of Covid-19 pandemic, the petitioner did not submit the compliance report within 30 days as was required under the final show cause notice. The petitioner replied on 28.05.2020. 4.

It is only the satisfaction of the NCTE that would be relevant for grant of approval / restoration.

5.

The time lag is too short. If it is possible for NCTE, then the NCTE may take decision in respect of the petitioner institution by 26.12.2020.

6.

The writ petition is disposed of. No costs.

7.

Authenticated copy be given.

( SHRIKANT D. KULKARNI ) ( S.V. GANGAPURWALA ) JUDGE JUDGE S.P. Rane