Madhya Pradesh High Court (Division Bench (DB)- Two Judge)

WRIT PETITION, 7260 of 2015, Judgment Date: Jun 25, 2015


HIGH COURT OF MADHYA PRADESH, JABALPUR

 
Writ Petition No.7260 of 2015

Navyug Shiksha Samiti, Jabalpur

Vs.
 
National Council for Teachers Education & others
,

Present : Hon. Shri Justice Rajendra Menon
  Hon. Ms.  Justice Vandana Kasrekar
     

Smt. Shobha Menon, learned Senior Advocate with Shri Rahul Choubey,
learned counsel for petitioner.

Shri K.K.Singh, learned counsel for respondent nos.1 & 2.

Shri Pushpendra Yadav, learned Government Advocate for respondent
no.3.

 
Whether approved for reporting:  Yes/No.

 
O R D E R
(25.6.2015)

 
 Petitioner institute is a recognized college
imparting B.Ed. education  and  has filed this writ
petition assailing the action of respondent no.2 Western
Regional Committee in removing/excluding  petitioner/
institute's name from the list of recognized  college,
inter alia contending that the said action is
unsustainable, this writ petition has been filed.  

2. While filing the writ petition prayer was made  for
interim relief  to  permit the petitioner institute  to
participate  in the process of counseling  and admit the
2
 
students  in the  current academic session. The matter
was considered by a Bench of this court on 21-05-2015
and an interim order  was passed  directing that the
petitioner institution  shall be allowed to participate in
the ongoing counseling provisionally for admission to
B.Ed. course  subject  to the result of the writ petition.
Accordingly, it is said that the students have
participated  in the process of counseling  and certain
students have  taken admission.  However today during
the course of hearing, learned counsel for the petitioner
vide I.A.No.6226/2015 has  brought on record
information received  by the petitioner on     31-052015

from  the National Council for Teacher Education
through Regional Director indicating that the institute
has filed an appeal  against the order passed  by the
Western Regional Committee and  the appellate
authority  after quashing the order passed by the
Western Regional Committee has remanded  back the
matter  to the  Western Regional Committee for
reconsideration, as a consequence of the appellate
order, the original order passed  withdrawing/excluding
the petitioner institute  from the list of recognized
schools  no more exists  and now till the fresh decision
is not taken by the  Western Regional Committee in
accordance with law  in  the matter, the petitioner
institute is deemed to be a recognized institute  and the
students are permitted to carry out the educational
activities in the light of the order passed on 31-05-2015
by the National Council for Teacher Education. We find
this to be the actual position now in view of the order
passed by the appellate authority.
3
 
3. Accordingly, we dispose of the writ petition
directing that  till the fresh decision is not taken  by the
Western Regional Committee in the matter in  
accordance with law, the petitioner institute shall be
permitted  to impart education  for the  course in
question  and the   students be permitted to carry out
their educational activities in the light of the order
passed on 21-05-2015.

4. With the aforesaid, this writ petition stands
disposed of.
 
(Rajendra Menon)                    (Ms.Vandana Kasrekar)
                                                   Judge                          Judge                                                                                                                                                         
 hsp