1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 3640 OF 2009 The Principal, Nalanda D. Ed College, Aurangabad and Anr. ...Petitioners Versus The Union of India and others ...Respondents ..... Mr. P.G. Rodge, advocate for the petitioners Mr. S.S. Bora, advocate for respondent Nos. 2 and 3. Mr. S.K. Tambe, A.G.P. for respondent No.4 ..... CORAM: A.M. KHANWILKAR & S.S. SHINDE, JJ. DATED: 28TH JANUARY, 2010 PER COURT:- 1 Heard counsel for the parties. 2 According to the counsel for the respondents, the petitioners have alternative efficacious remedy by way of appeal under Section 18 of the National Council for Teachers Education Act, 1993. The counsel for the petitioners, however, submits that the only ground on which the proposal has been rejected by the competent authority is 2 because of negative recommendation of the State Government. According to him, it is well established position that such recommendation cannot be the basis for deciding the proposal of the institution. He has placed reliance on the decision of the Apex Court in the case of State of Maharashtra Vs. Sant Dnyaneshwar Shikshan Shastra Mahavidyalaya and others, reported in 2006 AIR SCW 2048. However, we are of the considered opinion that this ground can be agitated by the petitioners in the statutory appeal available to the petitioners and can be considered by the appellate authority on its own merits. 3 Since the petitioners have alternative and statutory remedy of appeal, we dispose of this petition with liberty to the petitioners to pursue that remedy or such other remedy, as permissible under law. In the event appeal presented by the petitioners is to be barred by limitation, the appellate authority may be well advised to take into account the fact that the petitioners had approached this court by way of this petition and are relegated to file the appeal in view of the objection taken by the counsel for the respondents. The appeal be decided on its own merits in accordance with law. ( S. S. SHINDE. J.) (A. M. KHANWILKAR, J.) rlj/ 3