1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD Writ Petition No.7772 OF 2009 * Late Baliram Ravji Kolhe ] Smruti Sanstha, Jalgaon, ] Dist-Jalgaon ] Adhyapak Vidyalaya, ] Manyarkheda, ] Taluka and District Jalgaon. ] Through its President ] Dhananjay Baliram Kolhe, ] Age 56 years, ] Occupation : Principal, ] R/o Jalgaon, ] Taluka and District Jalgaon. ] .. 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 462002 ] ] 3) The Director of State Council ] of Education, Research and ] Training, Sadasiv Peth, ].. Respondents Pune. ] -------- 2 Shri. A.S. Bayas, Advocate for petitioner. Smt. Y.M. Kshirsagar, Assistant Government Pleader for respondent Nos.1 and 3. Shri. Satyajit S. Bora, Advocate for respondent No.2. -------- CORAM: NARESH H PATIL & K.K. TATED, JJ. DATE: 15th JULY, 2010 ORAL JUDGMENT (Per Naresh H Patil, J.): 1) Heard learned counsel for the respective parties. 2) Rule. Rule returnable forthwith and by consent of the counsel for the parties, taken up for final hearing. 3) The petitioner filed a proposal for starting D.Ed. College. The proposal was rejected on the ground that the State Government had forwarded a negative recommendation. Against the 3 rejection of the proposal, the petitioner preferred an appeal before the National Council for Teacher Education, New Delhi. The appeal also came to be rejected by an order dated 13-7-2009. 4) This Court has already taken a view that the proposal for starting a college cannot be rejected mechanically as well as the appeal cannot be dismissed on such ground. Reliance is placed on the order dated 5-12-2009 passed by a Division Bench of this Court in Writ Petition No. 6749 of 2009. We have perused the said order. Considering the facts of the case and the material placed on record we pass following order. 5) The order dated 14-3-2009 passed by the National Council for Teacher Education, Western Regional Committee as well as the order dated 13-7-2009 passed by the Member Secretary, 4 National Council for Teacher Education F.No. 89-226/2009-Appeal are quashed and set aside. The matter is remanded back to the National Council for Teacher Education, Western Regional Committee. The Committee shall furnish the comments offered by the State Government to the petitioner within four weeks from today, who may file his objections, if any. The competent authority then shall pass order either declining or granting recognition to the petitioner – institution in accordance with law and its policy. 6) Rule is made absolute in the above terms with no order as to costs. Sd/- Sd/- (K.K. TATED, J.) (NARESH H PATIL, J.) rsl/ wp.7772.09