Institute sought mandate for 50 extra D.El.Ed. seats. Court held petition filed for expired session without challenge to initial seat denial. Writ dismissed, fresh application allowed.
Writ petition disposed; liberty to file fresh application for consideration.
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Court No. - 19
Case :- WRIT - C No. - 18976 of 2018
Petitioner :- Laxminarayan Attarrani Educational Institute Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Surendra Kumar Chaubey,Manoj Yadav Counsel for Respondent :- C.S.C.,Dhananjay Awasthi
Hon'ble Manoj Kumar Gupta,J.
The instant writ petition has been filed by an educational institution seeking a mandamus commanding respondent No. 4 to sanction additional 50 seats in D.El.Ed. course.
The petitioner had applied for recognition to run D.El.Ed. course with annual intake of 100 seats. The National Council for Teacher Education vide order dated 3.3.2016 granted recognition only in respect of 50 seats. The petitioner did not challenge the order in so far as it declines to grant permission for 100 seats originally applied for. However, the petitioner filed application dated 30.4.2016 before respondent No. 4 for grant of recognition for 50 additional seats. Since no decision has been taken on the said application so far, therefore, the instant writ petition has been filed for a mandamus commanding respondent No. 4 to accord consideration to the said application and grant recognition for running D.El.Ed. course with 100 intake during Academic Year 2016-17.
In the opinion of the Court, once respondent No. 4 declined to grant approval in toto by approving annual intake of 50 seats only, it was open to the petitioner to challenge the same by filing appeal, but which was not filed. Apart from it, the Academic Year 2016-17, in respect of which permission was being sought is already over. In such view of the matter, this Court is not inclined to issue any mandamus, as prayed for in the instant writ petition.
Sri Dhananjay Awasthi, learned counsel for respondent No. 4 submitted that in case, fresh application is filed, it will be considered in accordance with law.
Accordingly, the instant writ petition is disposed of with liberty to the petitioner institution to file a fresh application, and in which event, the same shall be considered in accordance with law.
(Manoj Kumar Gupta, J.)
Order Date :- 24.5.2018 AM/-
1 issue framed by the court
Whether a mandamus should issue directing recognition for additional seats given limitation on appeal has not been taken and academic year has expired.
Laxminarayan Attarrani Educational Institute
State Of U.P.
3 Others
Manoj Kumar Gupta
As recorded by the court registry
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