ast 1 wp3721.10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3721 OF 2010 Man Vidya Prasarak Mandal. ....Petitioner Vs. National Council for Teacher Education & Ors. ....Respondents Mr.P.D.Pise with Ms. Archana Kologi for petitioner. Mr.U.P.Warunjikar for Respondent Nos. 1 and 2. Mr.V.S.Gokhale, AGP for Respondent No.3. CORAM:- A.M.KHANWILKAR AND R.M.SAVANT, JJ DATED:- MAY 4, 2010 P.C. 1. Heard Counsel for the parties. 2. Rule. Rule made returnable forthwith, by consent. Mr. Warunjikar waives notice for Respondent Nos. 1 and 2. Mr. Gokhale, AGP waives notice for Respondent No.3. 3. As short question is involved, petition is taken up for final disposal forthwith, by consent. 4. By this Petition, the limited grievance is that although the NCTE has accorded approval for starting D.Ed. Course in favour of the Petitioner, ast 2 wp3721.10.sxw however, it is only on account of the recommendation of the State Government, the recognition for starting of such institution has been refused by the Authorities. The legal question as to whether the opinion of the State Government can have any bearing in the final recognition to be granted or refused by the NCTE is no more res integra. The Apex Court in the case of State of Maharashtra vs. Sant Dnyaneshwar Shikshan Shastra Mahavidyalaya & Ors. Reported in (2006) 9 SCC 1 has taken the view that the State Government could not have interfered with the decision of the NCTE. As the said Authority is the final Authority in granting or refusing recognition to start a new D.Ed. Course Institution. 5. In the circumstances, this Petition succeeds. The impugned order is set aside. The proposal for grant of recognition will have to be reconsidered by NCTE on its own merits in accordance with law keeping in mind the exposition of the Apex Court in the case of State of Maharashtra(Supra). All questions in that behalf are left open Needless to observe that it will be open to the NCTE to take all aspects into account as per Law 6. The proposal shall, however, be decided as expeditiously as possible and not later than eight weeks from today. 7. Petition disposed of on the above terms. (R.M. SAVANT, J) (A.M.KHANWILKAR, J)