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Bombay High CourtWP/13230/2022disposed off

Shri Dhaneshwari Manav Vikas Mandals Rashtrasant Bhaiyuji Maharaj College Of Education B.Ed. v. The State Of Maharashtra Through Its Principal Secretary And Others

2022-12-22Hon'Ble Shri Justice Ravindra V. Ghuge,Hon'Ble Shri Justice Sanjay A. Deshmukh4 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 955 WRIT PETITION NO.13230 OF 2022 SHRI DHANESHWARI MANAV VIKAS MANDALS RASHTRASANT BHAIYUJI MAHARAJ COLLEGE OF EDUCATION B.ED.

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS ...

954 WRIT PETITION NO.13225 OF 2022 NEW MAULANA AZAD EDUCATION SOCIETYS COLLEGE OF EDUCATION B.ED. THROUGH ITS SECRETARY

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS ...

Advocate for the Petitioners: Mr. S. S. Thombre AGPs for Respondents/State: Mr. S. G. Sangle & Ms. R. P. Gaur Advocate for Respondent No.2 in both petitions: Mr. S. G. Karlekar ...

CORAM : RAVINDRA V. GHUGE & SANJAY A. DESHMUKH, JJ.

DATE : 22nd December, 2022 PER COURT :

1.

These matters were heard extensively from 3.30 pm to 4.15 pm today. The deadline for registering the students for admission to the B.Ed course is upto 22.12.2022 for the institutional rounds. 2.

The undisputed facts in both these cases with regard to both these petitioners are as under:

Writ Petition No.13230 of 2022 (Shri. Dhaneshwari Manav Vikas Mandal) (a) By an order dated 31.05.2015, the National Council for Teacher Education (NCTE) issued a revised order permitting the petitioner an annual intake of 100 students (two basic units of 50 students each) for the two years B.Ed programme subject to fulfillment of conditions before 31.10.2015.

(b) On 03.10.2022, the NCTE passed an order granting annual intake of 100 students (two basic units of 50 students each) for the academic session 2022-2023, so as to enable the petitioner to participate in the counseling and then, admit the students for the B.Ed course.

(c) The Swami Ramanand Teerth Marathwada University, Nanded issued a revised order permitting intake of 100 students for the B.Ed course (two basic units). The affiliation is on temporary basis. (d) The petitioner noticed that the Director of Higher Education, Pune, respondent no.3, mentioned only 50 students (one basic units) instead of 100 seats.

(e) The petitioner tendered a representation on 15.12.2022 to respondent no.3 seeking correction in its record and allot two basic units (100 seats) as mentioned above.

Writ Petition No.13225 of 2022 (New Maulana Azad Education Society's College Education) (a) By an order dated 31.05.2015 issued by National Council for Teacher Education (NCTE), the petitioner, New Maulana Azad Education Societies College of Education was permitted an annual

intake of 100 students (two basic units of 50 students each) for the academic session 2015-2016 subject to fulfillment of the conditions, on or before 31.10.2015.

(b) The Swami Ramanand Teerth Marathwada University, Nanded issued a revised order granting temporary affiliation and permitting intake of 100 students for the B.Ed course.

(c) As respondent no.3 allocated only 50 students (one basic unit), the petitioner tendered a representation dated 15.12.2022 to respondent no.3 requesting it to carry out the correction immediately. As like in the first case, the deadline also applies to the petitioner in the second case.

3.

In the light of the above, we are of the view that for some reasons or may be on account of a mistake, respondent no.3 has allocated only one basic unit (50 students) to both these petitioners. Their representations are pending before respondent no.3. As such, it would be appropriate to direct respondent no.3 to apply its mind and pass an order on the two representations of these petitioners upto 7.00 pm today (22.12.2022).

4.

With the above directions, these petitions are disposed off. The learned AGP has fairly stated that she would immediately communicate this order to respondent no.3, so as to enable him to pass an order by 7.00 pm today.

5.

We expect follow up action to be initiated in the event respondent no.3 passes an order granting two basic units to the petitioners.

(SANJAY A. DESHMUKH, J.) (RAVINDRA V. GHUGE, J.) Sameer