1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD Writ Petition No.6969 OF 2009 * Sadguru Education Society, ] Gat No.126/1 A, Kusube Sivar, ] Air Port Road, ] Dist-Jalgaon ] Through its Secretary ] Dr Prof. Narayan Shankar ] Khadke, ] Age 54 years, ] Occupation : Service. ] .. Petitioner Versus 1) The Union of India, ] Through its Ministry of ] Human Recourses and ] Development, ] Government of India, ] New Delhi. ] ] 2) National Council for ] Teacher Education, ] Through its Member/Secretary ] Hans Bhawan, Wing II, 1 ] Bahadurshah Zafar Marg, ] New Del;hi 110002. ] ] 3) National Council for ] Teacher Education, ] Western Regional Committee ] Manas Bhavan, ] Shyamla Hills, ] Bhopal 462 002 (M.P.) ] Through its Member Secretary ] 2 4) The State of Maharashtra ] Through its Secretary ] School Education ] Department, ] Mantralaya, Mumbai – 32. ] ] 5) The Director of Education, ] Maharashtra State, ] Central Building, Pune. ].. Respondents. -------- Shri. Ajay G. Talhar, Advocate for petitioner. Shri. Alok Sharma, Assistant Solicitor General India for respondent No.1. Shri. S.C. Bora, Advocate for respondent No.2. Shri. V.H. Dighe, Assistant Government Pleader for respondent Nos.4 and 5. -------- CORAM: NARESH H PATIL & K.K. TATED, JJ. DATE: 7th 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 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 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 14-7-2009. 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. 4 5) The order dated 14-3-2009 passed by the National Council for Teacher Education, Western Regional Committee as well as the order dated 14-7-2009 passed by the Member Secretary, National Council for Teacher Education No.F.No. 89-317/2009-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.6969.09