274wp291.11.odt 1 . IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Writ Petition No.291 of 2011 (Rajkumari Agrajaraje Bhonsle Adhyapak Vidyalaya .vs. State and Ors.) Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders Coram: D. D. Sinha and A. P. Bhangale, JJ. Date : 27/04/2011. Heard Mr.Anand Parchure, Adv. for the petitioner, Mr.N.R.Rode, Assistant Government Pleader for respondent nos. 1 and 2 and Mr.C.S.Kaptan, Adv. for respondent no.3. This petition is directed against the communication dt.24.9.2010 whereby the appellate order passed by the National Council of Teachers Education dt.24.9.2010 whereby the appeal filed by the petitioner against the order of revocation of recognition granted by the N.C.T.E. to start B.Ed. course came to be cancelled. Counsel for the petitioner has submitted that, in the reply filed by respondent no.3, in para no.6 thereof, it is mentioned that, with effect from 10.12.2007, the N.C.T.E. has revised its statutory norms 274wp291.11.odt 2 . and standards for B.Ed. course. According to clause 5.1.1 of the revised norms and standards, every B.Ed. institution was required to have at least 2500 sq. mts. land whereupon built-up area consisting of classrooms etc. should not be less than 1500 sq. mts. Clause 8 (13) of the N.C.T.E. (Recognition, Norms and procedure) Regulation, 2007 reads thus : “ Whenever there are changes in the norms and standards for the course or training in teacher education, the institution shall comply with the requirements laid down in the revised norms and standards immediately but not later than the date of commencement of the next academic session, subject to conditions prescribed in the revised norms. “ Mr.C.S.Kaptan, Adv. for the respondent/N.C.T.E. has submitted that though the recognition was granted earlier to the petitioner/institution to start B.Ed. course; however, the same was based on the norms then existed and after new norms which came into effect from 10.12.2007, the above referred requirement needs to be fulfilled by 274wp291.11.odt 3 . the Institution within the stipulated period, failing which the N.C.T.E. is competent to re- call the order of recognition. It is submitted that, since the petitioner/institution did not fulfill these norms, the impugned order of withdrawal of recognition came to be passed by the N.C.T.E. Mr. Anand Parchure, Adv. for the petitioner has submitted that decision is taken by the respondent without giving reasonable opportunity of hearing to the petitioner and therefore, the petitioner could not point out to the respondent that the institution run by the petitioner does have 2500 sq.fts. land as well as the built-up area of not less than 1500 sq.mts. It is in these circumstances that the learned Counsel has contended that the order impugned is bad in law. Mr.C.S.Kaptan, Adv. for respondent no.3 has submitted that the petitioner was given an opportunity of hearing and therefore, the contention raised by the petitioner in this regard is not correct. Be that as it may, it is nodoubt true that, the revised norms, which came into effect from 10.12.2007, require the B.Ed. institution to have at least 2500 sq.mts. land and the built up area of not less than 1500 sq. mts. Counsel for the petitioner has made a 274wp291.11.odt 4 . categorical statement in this regard which is referred to hereinabove. In the circumstances, therefore, it will be appropriate for the N.C.T.E. to visit the institution of the petitioner and verify whether the institution of the petitioner fulfills these norms and take a decision in this regard afresh within a period of six weeks from the date of communication of this order. The appellate order, which is impugned in the present petition as well as the order of cancellation of recognition, shall not come in the way of re- consideration of the issue afresh by the N.C.T.E., as directed by this Court and shall merge in the fresh decision of N.C.T.E. which is directed to be taken. With these observations and directions, the petition is disposed of. JUDGE JUDGE jais