1 WP 11243/2010 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.11243 OF 2010 Lokseva Bahuuddeshiya Sevabhavi Sanstha, Gauspura, Galli No.1, Latur, Tal: Latur, Dist: Latur, Through its Secretary, Mr.Shaikh Gafar Gani, Age: 45 years, Occ. Service, r/o Gauspura, Galli No.1, Latur, Tal: Latur, Dist: Latur. ..PETITIONER VERSUS 1. The State of Maharashtra, Through its Secretary, Higher and Technical Department, Mantralaya, Mumbai. 2. The National Council for Teacher Education, Western Regional Committee, Bhopal, Through its Regional Director. 3. The National Council for Teacher Education, Bahaddar Shah Jafar Marg, New Delhi, Through its Member Secretary. ...RESPONDENTS ... Mr. A.V.Patil, Adv., h/f Mr.V.D.Gunale,Adv., for the petitioner. 2 WP 11243/2010 Mr. V.D.Godbharle, AGP for respondent no.1. Mr. S.S.Bora, Adv., for Respondent Nos. 2 and 3. ... CORAM: D.B.BHOSALE AND S.B.DESHMUKH, JJ. DATE:July 8th, 2011 ... PER COURT: 1. Heard learned Counsel. Rule, made returnable and heard forthwith with the consent of learned Counsel for the parties. 2. The petitioner institution has challenged the order dt.12.4.2010 issued by respondent no.3 confirming the order dt.21.1.2010 passed by respondent no.2 whereby the petitioner's application for grant of recognition for conducting D.Ed. Course has been rejected. 3. From perusal of the impugned orders, it is clear that the petitioner's proposal has been rejected solely on the ground that they did not fulfil the provisions of clause (8)(7)(i) of National Council for Teacher Education Regulations, 2009. Under this provision, the applicant society/institution requires to have their own land, and/or, to be in possession of the required land of their own, on the date of 3 WP 11243/2010 the application. The petitioner has placed on record the registered sale deed dt.27.10.2009 whereby they claim that they purchased 25 R. land in Survey No.11/11A situated at Shirur Anantpal, taluka Shirur, dist. Latur. 3. Learned Counsel for the petitioner submits that though one Gafar Gani Shaikh had signed the sale deed, as a matter of fact, the land was purchased by the institution and Gafar Gani Shaikh signed it only as its Secretary and, that personally, he has no concern with the land purchased by the society. The petitioner has also placed affidavit of the Secretary, stating so, dated 15.6.2011 on record. 4. We do not wish to examine the controversy involved in the writ petition. Having regard to the claim of the petitioner, we find it necessary to give them one more opportunity, to establish before the concerned authority that the land purchased vide sale deed dt.27.10.2009 is the land of the petitioner institution, as required under clause 8(7)(i) of National Council for Teacher Training Regulations, 2009. Hence, we pass the following order. ORDER 4 WP 11243/2010 (A) The order dated 12.4.2010 issued by respondent no.3 - National Council for Teacher Education, is set aside. (B) Respondent no.2 - Western Regional Committee shall allow the petitioner to produce the entire material in support of their claim that they are the owners of the land purchased vide sale deed dt.27.10.2009, and re-consider their earlier decision dt.21.1.2010, if they are satisfied about ownership of the land. (C) The petitioner shall approach respondent no.2 within a period of four weeks from today along copy of this order and the material in support of their claim. (D) Respondent No.2 shall consider the petitioner's proposal in the light of their claim regarding ownership of the land afresh and pass appropriate orders within a period of twelve weeks from the date of submission of the documents in support of their claim. If, prima facie, respondent no.2 is inclined to reject the proposal on the very same ground again, they shall give an opportunity of hearing to the petitioner. 5 WP 11243/2010 (E) In view of the directions issued, the order dated 21.1.2010 passed by respondent no.2 is also set aside. Rule is made absolute in terms of this order. No costs. (S.B.DESHMUKH, J.) (D.B.BHOSALE, J.) ... (agp:11243-10wp)