1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.701 OF 2010 WITH WRIT PETITION NO.705 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders CORAM: A.M. KHANWILKAR & S.S. SHINDE, JJ. DATE : 8TH FEBRUARY, 2010. 1. Heard counsel for the parties. The grievance of the Petitioners is that the Respondent No.2 has committed manifest error in placing reliance on the negative recommendation made by the State Government when in fact it is well settled position that N.C.T.E. has to decide the issue objectively on its own and the recommendation of the State Government can have no bearing on such 2 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders decision making process. Counsel for the Petitioner has placed reliance on the Judgment of the Apex Court in the case of State of Maharashtra vs. Sant Dnyaneshwar Shikshan Shastra Mahavidyalaya and others, 2006 (9) S.C.C, 1. 2. On the other hand, counsel for Respondent No.2 submits that the orders which are impugned in these Writ Petitions are amenable to appeal under Section 18 of the National Council for Teachers Education Act, 1993. Even all the grounds agitated in these Petitions can be raised in the proposed appeal to be filed by the Petitioners. 3. We find substance in this preliminary objection. In the circumstances, we decline to exercise our extra ordinary 3 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders writ jurisdiction and instead, give liberty to the Petitioners to take recourse to the remedy of statutory appeal under Section 18 of the Act, if so advised. In the event the question of appeal being barred by limitation arises for consideration, we hope and trust that the Authority would keep in mind the fact that the Petitioners in the first place, approached this Court by way of present Writ Petitions, which period will have to be excluded. It is once again made clear that all questions in that behalf are left open to be examined in the appeal. 4. Writ Petitions are disposed of on the above terms. [S.S. SHINDE,J.] [A.M. KHANWILKAR,J.] asb/FEB10/wp701.10