1 WP 932.2011 - ( J ) IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 932 OF 2011 Sachhidanand Kala Krida & Shikshan Mandal, Parner, Tq. Parner, Dist. Ahmednagar, Through its Secretary Gitaram Bhagaji Mhaske Parner, Tq. Parner, Dist. Ahmednagar. .... PETITIONER VERSUS 1. The State of Maharashtra Through its Secretary for Higher Education, Mantralaya, Mumbai. 2. The Regional Director National Council for Teacher Education, Manas Bhawan, Shyamla Hills, Bhopal – 462 002. 3. The Director of State Council of Education Reserach and Training Sadasiv Peth, Pune. 2 WP 932.2011 - ( J ) 4. National Council for Teacher Education Hans Bhawan, Wing 11, Bahadurshah Zafar Marg, New Delhi – 110 002. .... RESPONDENTS Mr. A.S.Bayas, Advocate for the petitioner. Mr. N.B.Khandare, Govt. Pleader for State. Mr. S.S.Bora, Advocate for Respondent No. 2. CORAM : NARESH H. PATIL & S.V. GANGAPURWALA, JJ. DATE OF JUDGMENT: 10/02/2011 JUDGMENT : [ PER – S.V. GANGAPURWALA, J. ] 1. Rule. Rule is made returnable forthwith. With the consent of the learned counsel for the parties, taken up for final hearing. 2. The petitioner assails the Judgment dated 8/10/2009 passed by the National Council for Teacher Education [ For short, ‘ N.C.T.E. ’ ] , thereby dismissing the Appeal and confirming the order passed by the Regional Director of Western Committee [ For short, ‘ WRC ’ ] dated 21/4/2009. 3 WP 932.2011 - ( J ) 3. Mr. Bayas, learned counsel for the petitioner submits that permission to open a new D.Ed. College to the petitioner has been denied only on the ground of negative recommendation by the State Government. According to the learned counsel, the authorities have to independently come to the conclusion and can not be guided merely by the recommendation of the State Government. The learned counsel relies on the Judgment of the Apex Court in a case of State of Maharashtra V/s Sant Dnynaneshwar Shikshan Shastra Mahavidyalaya reported in 2006 AIR SCW – 2048. The learned counsel further contends that the respondent no. 2 ought to have considered the proposal of the petitioner on the basis of need of education to the area from which the proposal has been forwarded. 4. Mr. S.S. Bora, learned counsel for the respondent contends that the State Government had recommended not to recognize/permit the institutions for conducting teacher training course and to return all those applications, which are received by them. In light of that, no error has been committed by the N.C.T.E. 5. With the assistance of the learned counsel for the parties, we have gone through the orders passed by the authorities. The authorities have rejected the application of the petitioner solely on the ground that 4 WP 932.2011 - ( J ) negative recommendation has been received from the Maharashtra State Government in respect of D.Ed. course. The Apex Court in a case of State of Maharashtra V/s Sant Dnyaneshwar Shikshan Shastra Mahavidyala referred supra has held that permission can not be refused merely on the basis of recommendation of the State Government. The authorities will have to independently process the proposal. They should apply their mind and then arrive at the objective satisfaction. The orders impugned do not show such an application of mind on the part of the authorities. 6. In light of the above, we quash and set aside the impugned order and relegate the petitioner to the appellate authority, who shall consider the proposal of the petitioner afresh on its own merits and shall not be solely guided by the negative recommendation received from the Maharashtra State Government. 7. The appellate authority shall decide the Appeal in light of the Judgment of the Apex Court in the case of State of Maharashtra V/s Sant Dnyaneshwar Shikshan Shastra Mahavidyala referred supra. All issues are kept open. We have not expressed any opinion on the merits of the matter. The N.C.T.E. Shall dispose of the Appeal as expeditiously as possible. 8. Rule is made absolute in above terms, however with no order 5 WP 932.2011 - ( J ) as to costs. [S.V. GANGAPURWALA, J.] [NARESH H. PATIL,J.] knp/WP 932.2011