1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE CIVIL JURISDICTION WRIT PETITION NO.7374 OF 2009 Late Sou. Tarabai R. Gangurde Memorial Educational & Charitable Trust’s Eminent College of Education (D.Ed. English Medium) ...Petitioners. v. The Regional Director, Western Region Committee NCTE & Ors. ...Respondents. Mr.C.K.Thomas i/by C.K.Thomas & Associates, adv. For the Petitioners. Mr.Uday Warunjikar, adv. For the Respondent Nos.1 and 2. Mr.G.N.Srinivasa with Mr.G.Hariharan i/by Pankaj Kapoor, advs. for the respondent no.3. Mr.A.B.Vagyani, AGP for the Respondent No.4. CORAM : F.I.REBELLO & J.H. BHATIA, JJ. DATED : 12th November , 2009 P.C. 1 Rule. Heard forthwith. 2 Petitioner’s institution had applied to the respondents on 25th October, 2007 for permission to open D.Ed. (English Medium) College. Petitioners were informed on 23rd May, 2009 that the Government of Maharashtra had taken a policy decision not to grant permission for opening fresh D.Ed. Colleges for the academic year 2009-2010, application was rejected. Petitioner was aggrieved and preferred an 2 appeal. That appeal came to be dismissed by the order dated 7th August, 2009. 3 Earlier petitioner’s application for the subject matter of inspection by the respondent no.1 Report indicated that the petitioner made all infrastructural facilities. 4 Issue before us is, therefore, whether the decision taken by the respondent nos.1 and 2 in rejecting application by the petitioner for permission to open D.Ed. college can be supported. In the first instance, permission was sought for the academic year 2008-2009. Petitioners were informed in May, 2009 for the academic year 2009-2010 that on account of policy decision taken by the State of Maharashtra for the academic year 2009-2010 not to grant permission for new D.Ed. Colleges, they have rejected the same. 5 In our opinion, the respondents either to consider application for the academic year 2008-2009 and then for the academic year 2010-2011. Atleast, there is nothing on record to show that for the academic year 2010-2011, the State of Maharashtra had taken any policy decision. In the light of that, following order: i Impugned orders of the respondent nos.1 and 2 Regional Director are set aside. Matter is restored to the file of the respondent nos. 3 1 and 2 for considering afresh for the academic year 2010-2011. It will be open to the respondent no.1 to seek comments from the respondent no.4 as soon as policy for the academic year 2010-2011 was framed. 6 With the above observations, petition stands disposed off. Rule made absolute partly with no order as to costs. (J.H. BHATIA,J.) (F.I.REBELLO, J.) 4 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE CIVIL JURISDICTION WRIT PETITION NO.7375 OF 2009 Late Sou. Tarabai R. Gangurde Memorial Educational & Charitable Trust’s Eminent College of Education (B.Ed. English Medium) ...Petitioners. v. The Regional Director, Western Region Committee NCTE & Ors. ...Respondents. Mr.C.K.Thomas i/by C.K.Thomas & Associates, adv. For the Petitioners. Mr.Uday Warunjikar, adv. For the Respondent Nos.1 and 2. Mrs.Ratinamavawavman with Mr.G.Hariharan , advs. for the respondent no.3. Mr.A.B.Vagyani, AGP for the Respondent No.4. CORAM : F.I.REBELLO & J.H. BHATIA, JJ. DATED : 12th November , 2009 P.C. 1 Rule. Heard forthwith. 2 Petitioners applied for opening B.Ed. (English Medium) College by application dated 13.2.2008 for the academic year 2008-09 . Inspection was carried out by the respondent no.1 who found necessary infrastructure was in place. However, on account of policy decision, petitioner was informed by the communication dated 15/21.5.2009 that permission was rejected. Appeal was preferred. That was also rejected on 5 7.8.09. 3 In our opinion, considering that the petitioners were informed on 15/21.5.2009 about the rejection that could not have been for the academic year 2010-2011. In the light of that, impugned orders are set aside. Matter is restored to the file of the Respondent nos.1 and 2 to consider the petitioners’ application afresh for the academic year 2010-2011 and also seek opinion of the State of Maharashtra as soon as policy decision is taken. 4 With these observations, petition stands disposed off. Rule made absolute partly with no order as to costs. (J.H.BHATIA, J.) (F.I.REBELLO, J.)