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Bhagwan Mahavir Education Trust and Anr. v. National Council for Teacher Education and Anr.

Punjab & Haryana HC25 Jul 2012CWP/11336/2009

Case brief

AI extract

What is this about?

Petitioners filed writ petitions seeking recognition for their newly constructed college after the inspecting authority inspected their old rented premises instead. The court directed the National Council for Teacher Education to consider the inspection report and decide on the recognition request within four weeks.

What did the court decide?

Users of the Bhagwan Mahavir College of Education for grant of recognition within 4 weeks.

Bhagwan Mahavir Education Trust and Anr… — Education and Admissions | Punjab & Haryana HC (2012)

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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Date of Decision: 25.07.2012

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CWP No. 11336 of 2009

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Bhagwan Mahavir Education Trust & another ...Petitioners

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Versus

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National Council for Teacher Education & another

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..Respondents.

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CWP No. 11460 of 2010

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Bhagwan Mahavir Education Trust & another ...Petitioners

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Versus

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National Council for Teacher Education & another ..Respondents.

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CORAM: HON'BLE MR. JUSTICE RANJIT SINGH

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Present : Mr. K.S.Sidhu, Sr. Advocate with Mr. G.S.Benipal, Advocate, for the petitioners. Mr. Naveen S.Bhardwaj, Advocate for Mr. Vinod S.Bhardwaj, Advocate for N.C.T.E. Mr. Tribhuvan Dahiya, Advocate for Board of School Education, Haryana. Mr. Rahul Garg, Advocate for Mr. Siddarth Batra, Advocate for Maharishi Dayanand University.

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RANJIT SINGH J.(Oral)

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Since identical and common issues are arising in both these writ petitions, the same are being disposed of through this common order.

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The facts have been noticed from Civil Writ Petition No. 11336 of 2009. The petitioner trust is running an institute under the name of Bhagwan Mahavir Education Trust since the year 2001. From the year 2006, the petitioner trust started a College of Education under the name & style of Bhagwan Mahavir College of Education, Kundli.

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CWP No. 11336 of 2009

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[2]

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This college was duly recognized by the National Council of Teacher Education (NCTE) and the orders in this regard are annexed with the petition as Annexures P-4 to P-13. The petitioner-college is affiliated with Maharishi Dayanand University, Rohtak. In the year 2007, the petitioner trust purchased some land for educational college. After getting the 'Change of Land Use', in its favour, the petitioner-college applied for approval of site plan from the Town & Country Planning Department, Haryana. Thereafter the petitioner-college raised construction over the land in question by spending huge amount and now the building is in existence.

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Pursuant to the public notice issued by respondent No.1 giving directions that all the educational institutions which were running from rented buildings were to shift to their own premises, the petitioner institution also shifted to its own building. On 02.06.2009, the petitioner requested respondent No.1 to carry out inspection of the new building. The grievance of the petitioner-trust is that the representative who came for inspection was also informed about the new building but when the inspection was not being carried out, the petitioner trust filed a writ petition before this Court with the prayer to direct the respondents to conduct inspection. By way of interim directions, it was also ordered to the respondents not to conduct the inspection of old rented premises and to conduct the inspection of the new building. It is pleaded that a team of the respondents carried out inspection of the old building of the petitioner-college and gave its

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CWP No. 11336 of 2009

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[3]

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report. With this grievance, the petitioner college filed the present writ petition.

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On the directions issued by this Court, Dr. Ram Kishor, Regional Director, NCTE, came present on 31.05.2012 before this Court and informed the Court that the matter with regard to the inspection of the petitioner college was placed before the Northern Regional Committee in its meeting held on 22.05.2012 and the Committee had decided to constitute a Visiting Team for conducting inspection of the petitioner college. The Regional Director, NCTE, gave an undertaking before this Court that inspection will be carried out within 30 days from the date of his appearance. The case was accordingly adjourned for today.

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Mr. K.S.Sidhu, learned Senior Counsel appearing for the petitioner college submits that inspection of the petitioner college has been carried out and the relevant record has been submitted.

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Let National Council for Teacher Education take a final decision on the basis of this inspection report and to decide therequest of the petitioner institution for grant of recognition. It would be appreciated if this exercise is completed within a period of four weeks from today and appropriate order passed.

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The writ petition is accordingly disposed in the above

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terms.

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(RANJIT SINGH) JUDGE

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25.07.2012 'ravinder'

Bhagwan Mahavir Education Trust and Anr. v. National Council for Teacher Education and Anr.

Case brief

What is this about?

What did the court decide?

Bhagwan Mahavir Education Trust and Anr. v. National Council for Teacher Education and Anr.

Case brief

What is this about?

What did the court decide?

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