1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2485 of 2010 Shishu Shikshan Sanstha ....Petitioner Vs. The Secretary, National Council for Teacher Education & ors. ....Respondents Mr. Amit Anand Palkar for the petitioner. Mr. Uday Warunjikar, advocate for respondents 1 & 2. Mr. S.N. Patil, AGP for respondent no.3. CORAM:- A.M.KHANWILKAR AND R.M.SAVANT, JJ DATED:- April 09, 2010 P.C. Heard Counsel for the parties. 2. Rule. Rule, returnable forthwith. Mr. Uday Warunjikar waives notice for respondents 1 & 2 and Mr. S.N. Patil waives notice for respondent no.3. 3. As short question is involved, Petition is taken up finally, forthwith, by consent. 4. By this Petition, it is primarily prayed that direction be issued to the Respondent No.2 to consider the Application of the Petitioner for starting D.Ed. course college on its own merits in accordance with law, keeping in mind the 2 decision of the Apex Court on the subject matter. It is noticed that the Petitioner’s Application which pertain to opening of the D.Ed. college from the academic year 2009-10 came to be rejected on 14th March, 2009. Nevertheless, since the Petitioner intends to pursue the option of establishing D.Ed. college, we relegate the Petitioner before Respondent No. 2 who shall consider the claim of the Petitioner on its own merits in accordance with law, keeping in mind the exposition of the Apex court in the case of State of Maharashtra v/s. Sant Dnyaneshwar Shikshan Shastra Mahavidyalaya & ors. reported in 2006 DGLS (Soft.) 192 as also the basis on which this Court has allowed the request for similarly placed Petitioners in terms of order dated 28th January, 2010 in Writ Petition No. 539/2010 at page-22 of the Paper-book. 5. We make it clear that all questions to be examined in the context of the proposal for establishing the D.Ed college will have to be decided on its own merits in accordance with law. It will be open to the Respondent No.2 to consider the Application for appropriate academic year, keeping in mind the norms and standards required to be adhered to for permitting opening of new D.Ed college. 6. Petition disposed of on the above terms. (R.M. SAVANT, J) (A.M.KHANWILKAR, J)