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2009 DIGILAW 1507 (JHR)

Sitwanto Devi Mahila Kalyan Sansthan, Baridih v. Union of India

2009-11-27

SUSHIL HARKAULI

body2009
JUDGMENT In exercise of statutory powers under Subsection (2) of Section 32 of the National Council for Teacher Education Act, 1993 Regulations have been framed which are called ‘National Council for Teacher Education(Recognition Norms and Procedure) Regulations, 2007’. These Regulations presumably have been published in the Gazette of India. Regulations 5 (4) of these Regulations prescribed the last date for submitting of applications as 31st day of October of the preceding year to the academic session for which recognition has been sought. Admittedly the petitioner made an application seeking recognition for the academic session 2010-2011 after 31.10.2009. This writ petition seeks a mandamus to the N.C.T.E. directing them to process and consider the application of the petitioner which is beyond the prescribed date by about ten days. The Regulations do not permit any relaxation of the last date prescribed by the Regulations. A mandamus cannot be issued requiring the N.C.T.E. to violate the statutory Regulations and to consider the case of the petitioner. Whatever the circumstances because of which making of the application by the petitioner was delayed, the fact that the Regulations are statutory and they prescribe an unrelaxable last date is sufficient to deny the mandamus sought. This writ petition is accordingly dismissed.