HIGH COURT OF CHHATTISGARH AT BILASFUR WRIT PETITION (C) No. 4183 of 20G9 PETKTIONERS :1. Maharishi Patanjali Shikshan Samiti. a society registared under {he Sccietias Re§s¢1ikm’a1} Adhiniyam, 1973 having its registration No. 430/01, iin‘ough its Secretaiy Shn' Ravindra Kumar Shukla son of Shri G.P.Shukia, aged 37 years, Occupation Service residem of 15/19A I \ KNeiml 1 KNagar (E) Bhiiai, District Durg (CG) 2. The ?rincipaii Bhilai Collega of Informa’iion Technoiogy, 36/3, Main Road, Nehru Nagar (E) Bhilai, District Burg (CG) VERSUS RESPONDENTS :1. State of Chhattisgarh through the Secretary, Department of School Education Department, Mantraiaya, DKS Bhawam Raipur. 2. National Council for Teachers Education (NCTE) through its Regional Director, Western Regionai Committee, Bhopal, Manas Bhawan, Shyamala Hilis, Bhopal (MP) . State Council of Education Research Training (SCERT), through its Director, shankar Nagar, Raipur (CG) 4. The Director, State Council of Education Research Traiiiing (SCERT) Shankar Nagar, Raipur (CG) 5. Ft. Ravi Shankar Shukla University, Raipur, through its Registrar. VJRIT PETHION UBQDER ARTICLE 226 OF THE CONSTITUTION OF INDIA SB: Eon’bie Shri Satish K. Agnihotrii J. ”m A\ L)1. Present: Shri Rajeev Shiivastava, Advocate for the petitioners. Shri Arun Sao Government Advocate for the State. Shri Ashish Slirivastava. Advocate for the respondent No5. ORDER (ORAL) (Passed on O8‘Eday ofAugust, 2009) Learned counsel appearing for the petitioner submits that the petitioner No. 2 institute has been granted recognition to run B.Ed courses pursuant to the public notice dated 15th April, 2009 (Annemre P/5) issued by the Regional Director, NCTE read with letter dated 9m August, 2005 .(Annexure PM). Thereatter, the State Council for Educational Research and Training, i.e. the respondent No. 3, by letter dated 20m July, 2009 (Annexure P/l5) granted one year more time to \shiit the institute to a building owned by the petitioner No. l in \ x .C \ compiiance with the provisions of Regulation 8(7) of the National Coumil for Teacher Education (Recognition Norms & Procedure) Regulations, 2007 (for short ‘ihe Regulation, 2007’). Accordingly; it was held that by grant of one year time, condition for participation in counselling is lixlfilled. Subsequently, the respondent No. 3 did not permit the petitioner No. 2-institute to participate in counselling on the ground that the University has not issued an ahiiiation for want of requirement of Regulation $(7) of the Regulations, 2007. It appears that the infonnation regarding extending one year time was not brought into the notice ofthe respondent No. 5-University. Shri Shirvastava Learned counsel appearing for the respondent No. § submits that if the above referred informationis ‘nrought to the notice of the University, the University will take steps and pass appropriate orders in accordance with law at the earliest. Regulations, 2007 was framed in exercise of powers conferred under section 32(2) of the NCTE Act; 1993, by the NCTE. Regulation 8(7) of the Regulations; 2007 is one of the conditions for recognition. Regulation 8(7) ofthe Regulations, 2007 reads as under: “8(7). No institution shall be granted recognition under these regulations-unless it is in possession of reqnired land on the date of application. The land free from all encumbrances could be either on ownership basis or on lease from Government/Govt Institutions for a period of not less than 30 years. in cases where under relevant State/UT laws the maximum permissible lease period is less than 30 years, the State Govermnent/bT Administration law shall prevail. However, no building could be tal/sen on lease for running any teacher training Since the provisions of Regulation 8(7) of the Regulations, 2007 has been fulfilled, the respondent No. 5-University is directed to consider the application of the petitioner in accordance with law and pass appropriate orders of recognition at the earliest so that the academic session should not suffer. ln view of above, this writ petition is disposed of. / ‘ / COHYSe. xs:. l ‘ e sdl— ‘. Satish K. Agnihotrny Judge