Ninaidevi Shikshan Prasarak Mandal v. The Union Of India Thr Ministry Of Education And ORS

Nikita

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION WRIT PETITION NO.10998 OF 2025 Ninaidevi Shikshan Prasarak Mandal

...Petitioner

versus The Union of India and Ors. ...Respondents Mr. Suryajeet Chavan a/w Mr. Ajinkya Walekar for the Petitioner. Mr. V. C. Killedar a/w Ms. Divya Arvind Pawar for the Respondent No.1. Mr. Satyajeet Rajeshirke a/w Mr. Shubham Vasekar for the Respondent No.2.

Mr. T. J. Kapre, AGP for the State.

CORAM : M.S. KARNIK & SHARMILA U. DESHMUKH, JJ.

DATE : 20th AUGUST, 2025.

P.C:

1.

Heard the learned Counsel for the Petitioner. 2.

By an order dated 7th July, 2025, this Court had directed the National Council for Teachers Education to decide the application made for rectification as early as possible and in any case within the period of two weeks from the date of receipt of the order. 3.

There is some discrepancy in the name of the college while granting affiliation and/or recognition. This according to the learned Counsel for the Petitioner is a hyper technical defect and hence application for rectification was made.

4.

Learned Counsel for the National Council for Teachers Education submits that the application for rectification as directed by this Court could not be considered because the recognition granted to the petitioner, has been withdrawn for running B.Ed and D. Ed course. Against the order of withdrawal of recognition, an appeal has been preferred by the Petitioner before the statutory appellate authority of the National Council for Teachers EducationRespondent No.6. 5.

The recognition was withdrawn only on the ground that that the Petitioner could not submit the Performance Appraisal Report (PAR). Learned counsel submits that the Performance Appraisal Report was already submitted in the year 2023 which was not taken into consideration. Suffice it to note that the National Council for Teachers Education is not considering the application for rectification only because the recognition granted to the Petitioner has been withdrawn. The Petitioner was conducting its courses from 2008. They have all the necessary infrastructure in place. Prima facie the withdrawal of the recognition appears to be harsh. The Petitioners can be protected by an interim order pending the appeal.

6.

Learned counsel for the Petitioner relied upon the decision of

the High Court of New Delhi, in Writ Petition (C) No.8133 of 2022) in the case of Mahavir Teacher Training School Vs. National Council for Teacher Education and Anr. The Petitioners have preferred appeal before the appellate authority challenging withdrwal of the recognition. In the facts and circumstances of the present case, we are satisfied that the impugned order of withdrawal of the recognition dated 24.05.2025 is required to be stayed till the hearing of the appeal.

7.

In light of the above, application for rectification should now be decided by the Respondent No.2 within the period of two weeks from today.

8.

In this view of the matter, subject to the decision in appeal, the Petitioners can be allowed to participate in the admission process to carry out admission for the Shri Shivajirao Deshmukh Shikshanshastra (B.Ed), Mahavidyalaya, Shirala Sangli, Shri Shivajirao Deshmukh Shikshanshastra (M.Ed) Mahavidyalaya, Shirala, Sangli, and Shri. Shivajirao Deshmukh Adhyapak Vidyalaya (D.Ed), Shirala, Sangli.

9.

The Writ Petition is disposed off.

[SHARMILA U. DESHMUKH, J.] [M.S. KARNIK, J.]