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2011 DIGILAW 6 (MP)

Saraswati Shiksha Mahavidyalaya v. National Council for Teacher Gorakhpur, Jabalpur Education, New Delhi

2011-01-03

G.D.SAXENA, K.K.LAHOTI

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JUDGMENT : "(i) This Hon'ble Court may kindly be pleased to direct the respondents to decide the representation dated 12.10.2010 submitted by the petitioner within a stipulated period. (ii) This Hon'ble Court be further pleased to direct the respondents to continue the recognition of the petitioner college. (iii) Any other relief which this Hon'ble Court may deem fit and proper in the given facts and circumstances of the case may also be granted." Learned counsel for petitioner submitted that a direction may be issued against the respondent nos.1 & 2 to consider the representation of petitioner Annexure P-8 dated 12.10.2010, by which petitioner submitted to the respondent to re-consider the matter of petitioner. To appreciate the aforesaid facts, we perused the record and found that petitioner earlier was granted recognition by the respondents, but on finding deficiencies, the petitioner was noticed to submit its explanation. The following two deficiencies were found in the institution of petitioner vide Annexure P-6, which reads as under :- "(1) Institution having land measuring 5462 sq.mt. But the available built up area indicated was 640 sq. mt. Only as against requirement of 1500 sq.mt. (2) Except Principal and 3 Lecturers all others are on contract basis, which is not permissible under the NCTE regulation." The respondent no.2 considered the reply filed by the petitioner and decided that recognition of the B.Ed. Course be refused under section 14(3) of the NCTE Act, 1993 and accordingly the petitioner was informed. It appears that against the order Annexure P-6, remedy of filing appeal is provided or petitioner, if was satisfied with the decision Annexure P-6, after making the deficiencies good, ought to have applied afresh for the recognition, but there is no provision in the NCTE for filing a representation against order Annexure P-6. In view of aforesaid, this petition at this stage is not entertained and is dismissed, with liberty to the petitioner to either file an appeal against the order Annexure P-6 or to move a fresh application before respondent no.2 for grant of recognition. No order as to costs.