Post Graduate Govt Institute For Physical Education v. National Council Of Teacher Education And ORS

3 04.11.2022 WPA 22441 OF 2022 Sc Ct. no.22 -------------- Post Graduate Govt. Institute for Physical Education, Banipur, Habra Vs.

National Council of Teacher Education & Ors.

Mr. Indranil Roy Mr. Sunit Kumar Roy.

.... For the Petitioner Mr. Sauvik Nandy .... For the NCTE Mr. Swapan Kumar Datta Mr. Tapas Kr. Mandal.

... For the Respondents/ State Pursuant to the direction made on September 28, 2022, this writ petition has appeared today.

Mr. Indranil Roy, learned counsel appearing for the petitioner prays for leave to file supplementary affidavit to bring on record the subsequent development made in the case in terms of the earlier order dated September 28, 2022.

Such leave is granted.

The supplementary affidavit affirmed on October 31, 2022, is taken on record.

The issues involved in this writ petition is that the recognition of a Government Post Graduate Physical Education College (for short the said college), while advancing its Bachelor Degree, was taken away by the respondent no.1 through its impugned order dated September 2, 2019.

Pursuant to the order dated September 28, 2022 a decision was taken by the Chairperson, Eastern Regional Committee (for short E.R.C.) dated October 11, 2022, Annexure-P17 to the supplementary affidavit. Since the said order dated October 11, 2022 is not under challenge before this Court in a properly constituted proceeding, this Court cannot travel on the same at this stage. However, the petitioner shall be at liberty without prejudice to its all rights and contentions to challenge the said decision of the Chairperson, E.R.C. dated October 11, 2022 if the petitioner is entitled to do so in accordance with law.

It is made clear that this Court has not gone into the assessment of the said decision of the Chairperson, E.R.C. dated October 11, 2022 in any manner whatsoever and all points including the points taken in WPA 22441 of 2022 shall be kept open for the petitioner to challenge the same in accordance with law.

With the above observation, this writ petition WPA 22441 of 2022 stands disposed of without any order as to costs.

All parties shall act on the server copies of this order duly downloaded from the official Website of this Hon'ble Court.

(Aniruddha Roy, J.)