1 WP8441.10 Bsb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8441 OF 2010 Sant Tukaram Shikshan Sanstha ... Petitioner v/s National Council for Teacher Education & ors. ... Respondents Mr.Bhushan Walimbe with Ms.Preeti Walimbe for the petitioner. Mr.Uday Warunjikar with Rakesh Johri for respondent Nos. 1 and 2. Mr.Ajay Patil for respondent No.3. CORAM: B.H.MARLAPALLE & SMT.NISHITA MHATRE, JJ. DATED: 18TH AUGUST, 2011 P.C.: 1. The petitioner’s grievance in this petition is, namely, the refusal of the National Council for Teacher Education (in short, “N.C.T.E.”) to grant permission to new D.Ed. colleges. 2. On 14.3.2009, the National Council for Teacher Education, Western Region, declined to grant permission and, therefore, an appeal was filed which was also dismissed by the N.C.T.E., New Delhi, on 13.7.2009. Writ 2 WP8441.10 Petition No.1225 of 2010 filed in this Court came to be disposed off on 23.2.2009 directing respondent No.2 to consider the applications submitted by the petitioners for permission to start new D.Ed. Colleges. The Regional Director of the Western Regional Committee reconsidered the applications submitted by the petitioner and by its order dated 3.5.2010 the applications were rejected. Appeals were preferred before the N.C.T.E., New Delhi and by the order dated 23.8.2010, the appeal was dismissed. Hence, this petition in the second round. 3. The Government of Maharashtra informed the N.C.T.E. that there was no further requirement of D.Ed. colleges and the N.C.T.E. on the basis of this decision of the Government of Maharashtra could not have proceeded to grant recognition to new D.Ed. colleges. 4. The very same issue was considered by this Court (Nagpur Bench) in Writ Petition No.2701 of 2008. In the said petition, the permissions granted to open new D.Ed. colleges were under challenge and the challenge was mainly on the basis of the State Government’s decision that no further D.Ed. colleges were required to be opened in the State of Maharashtra and on the face of the stand of the State Government, the N.C.T.E. could not have granted 3 WP8441.10 permissions for the new D.Ed. colleges. The Division Bench allowed the petitions and the recognitions/permissions granted by the Counsel – WRC, Bhopal in its 104th to 109th meetings and pertaining to the State of Maharashtra for establishment of 291 new D.Ed. colleges/courses came to be quashed and set aside. The said decision of the Division Bench was the subject matter of challenge in Civil Appeal Nos.4305 and 4306 of 2011 and the Supreme Court vide its judgment dated 12.5.2011 dismissed the appeals with costs. 5. We do not find any error warranting any interference in the decision taken by the Western Regional Committee of the National Council for Teacher Education and the appellate order passed thereafter on 23.8.2010. When the State Government has informed the Council that no more new D.Ed. colleges are required, the Council has rightly rejected the permissions. 6. For the reasons set out in the judgment of the Supreme Court, the challenge raised in this petition must also fail. 7. The petition is rejected summarily. (SMT.NISHITA MHATRE, J.) (B.H.MARLAPALLE, J.) 4 WP8441.10 5 WP8441.10