1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 881/2010 (BAHUUDDESHIYA KRISHI VIKAS SHIKSHAN SANSTHA VERSUS UNION OF INDIA & OTHERS) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri I.S. Charlewar, counsel for the petitioner. Shri C.S. Kaptan, counsel for the R-2 & 3. CORAM : SMT. VASANTI A. NAIK AND PRASANNA B. VARALE, JJ. DATE : JULY 26 , 2011 . By this petition, the petitioner seeks a writ, order or direction for quashing and setting aside the order passed by the respondent no.3 on 11.06.2009 as also the order passed by the respondent no.3, the National Council for Teacher Education on 16.12.2008, thereby rejecting the proposal filed by the petitioner for grant of recognition/ permission for running the B.Ed. Course in Gandhi Chowk, Tiroda. The petitioner-Society desired to open a new B.Ed. College at Gandhi Chowk, Tiroda and, therefore, submitted a proposal in that regard to the National Council for Teacher Education. On 20.03.2008, the respondent no.2- National Council for Teacher Education, communicated to the petitioner that there were certain deficiencies, specially in respect of the built-up area and the land for running the B.Ed. College and directed the petitioner to remove the deficiencies within a period of fifteen days. On 03.04.2008, the petitioner 2 wrote to the respondent no.2 that the deficiencies had been removed and the necessary documents were also submitted by the petitioner to the respondent no.2. However, by the impugned order dated 16.12.2008, the respondent no.2- National Council for Teacher Education wrote to the petitioner that the application of the petitioner was closed and the fixed deposit receipt for the amount of Rs.8,00,000/- was returned in original to the petitioner as the petitioner had not removed the deficiencies. The petitioner preferred an appeal against the order passed by the respondent no.2 on 16.12.2008 before the respondent no.3. The respondent no.3, however, by the order dated 11.06.2009, rejected the appeal filed by the petitioner. On hearing the learned counsel for the parties and on perusal of the impugned orders and the affidavit-in- reply filed on behalf of the respondent nos.2 and 3, it appears that the respondent no.2 had rightly closed the proposal of the petitioner as the petitioner had not removed the deficiencies within the stipulated period. The respondent no.3 was also justified in rejecting the appeal filed by the petitioner by the order dated 11.06.2009 and confirming the order passed by the respondent no.2 on 16.12.2008. It is necessary to note that the petitioner had desired to start the B.Ed. College in Gandhi Chowk, near Gandhi Statue in Tiroda Town and had sent the proposal in that regard to the respondent no.2. When the respondent no.2 found that there were deficiencies in the proposal of the petitioner and granted the petitioner, the time to remove the deficiencies, the petitioner purchased some land in village Paldongri. As the petitioner desired to open B.Ed. College in Gandhi Chowk in 3 Tiroda Town and since the land was purchased by the petitioner in Paldongri village, the respondent no.2-National Council of Teacher Education rightly held that the deficiencies were not removed by the petitioner. It is rightly pointed out on behalf of the respondent nos.2 and 3 that the proposal was for starting a B.Ed. College near Gandhi Chowk in Tiroda Town and the petitioner had submitted the documents pertaining to land and building, which related to the institution at the new location at village Paldongri. The land and the building of the petitioner at Gandhi Chowk, Tiroda was not as per the National Council of Teacher Education norms as the available land was only 510.05 square meters as against the requirement of 2500 square meters and the available built up area was 354.54 square meters as against the requirement of 1500 square meters. In this background, the respondent no.2 was justified in closing the proposal of the petitioner and the respondent no.3 was further justified in rejecting the appeal filed by the petitioner-society. For the reasons aforesaid, the writ petition is dismissed with no order as to costs. JUDGE JUDGE APTE