1 Lgc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3479 OF 2010 Kansa Khora Shikshan Prasarak Mandal : Petitioner. Versus National Council for Teacher Education and ors. : Respondents. WITH WRIT PETITION NO. 3429 OF 2010 Jyotiba Bhakt Mandal Society : Petitioner. Versus National Council for Teacher Education and ors. : Respondents. WITH WRIT PETITION NO. 3455 OF 2010 Sitarama Roma Kale Shikshan Sanstha : Petitioner. Versus National Council for Teacher Education and ors. : Respondents. WITH WRIT PETITION NO. 3702 OF 2010 Vishwabharati Shikshan Prasarka Mandal Bapumiya Deshmukh Adyapak Vidyalay : Petitioner. Versus National Council for Teacher Education and ors. : Respondents. WITH WRIT PETITION NO. 3703 OF 2010 Shivchaleshwar Devesthan Trust : Petitioner. Versus National Council for Teacher Education and ors. : Respondents. 2 Mrs.Pretti Walimbe i/by Bhushan A Walimbe for the Petitioners in all the Petitions. Mr. Uday Warunjikar for Respondent No.1 in all the Petitions. Mr. A V Bukhari with Mr. Rahul Nerlekar for Respondent No.2 in all the Petitions. Mrs. M P Thakur, AGP and Mrs. J S Pawar, Addl.GP for Respondent Nos.3 in all the Petitions. CORAM : A. M. KHANWILKAR, R. M. SAVANT, JJ. DATED : 30th April 2010 P.C. : 1 Heard the counsel for the Parties. 2 Rule. Rule made returnable forthwith by consent. Mr.Warunjikar waives notice for Respondent No.1. Mr. Bukhari waives notice for Respondent No.2 and Mrs.Thakur AGP and Mrs.Pawar All.GP waives notice for Respondent No.3. 3 The Petitioners had applied to the Respondents for permission to start D.Ed. college. The State Government gave negative recommendation as a result of which the request for granting recognition of the D.Ed. college has been denied to the Petitioners. The question raised before us is no more res­integra in 3 view of the exposition in the case of State of Maharashtra v/s. Sant Dnyaneshwar Shikshan Shastra Mahavidyalaya & ors. reported in 2006 DGLS (Soft.) 192 wherein , it is held that any such negative recommendation of the State Government is of no consequence having regard to the scheme of the enactment. It is the NCTE which is the final authority to consider the request for grant of recognition. Having regard to the said legal position, we dispose of these Petitions on the following terms. :ORDER: [i] The impugned order is set aside. [ii] The NCTE is directed to consider the applications preferred by each of these petitioners for permission to start D.Ed. colleges in accordance with law and in the light of the judgment of the Supreme Court referred to above. [iii] The decision to be taken by the NCTE shall be communicated to the concerned Petitioners as expeditiously as possible and in any case within eight weeks from today. 4 [iv] In the event the NCTE was to permit any of these petitioners to start D.Ed. college with effect from ensuing academic year, only thereafter the concerned petitioners would be entitled to do so and not otherwise. [v] Rule is made absolute on the above terms. No order as to costs. (R.M.SAVANT, J.) (A. M. KHANWILKAR, J.)