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Judgment
The case in hand has a chattered history and this is the third round of litigation with regard to grant of permission/ approval for conducting course of study in B.Ed/ D.Ed. Be it as it may be, the claim of the petitioner for grant of approval for the year 2013-14 has been concluded by this Court in the light of certain orders passed in the previous writ petitions and now the question is with regard to grant of permission/ approval for the year 2014-15. According to the petitioner, all the inspections and formalities are over, the respondent/ National Council for Teachers Education is now refusing to grant permission to the petitioner/ Institute mainly on the ground as are contemplated by them in Annexure-R2/1. The reason given in the said letter goes to show that the recognition for the session 2014-15 can be granted only if recommendations from the State Government is obtained in respect of supply and demand of teachers for the district in question.
Shri Siddharth Gupta, learned counsel invites our attention to the recommendations already made with regard to the institute in question which was considered in the 175th meeting of the council held on December, 6-7, 2012 and submits that at that point of time, the State Government issued a letter dated 25.10.2012 referred to in the minutes of meeting available at page-38 of the paper book and given an information that in Narsinghpur District, only two private teacher education courses are running, whereas requirement is of 382 trained teachers and, therefore, the recommendations was that the petitioner/ Institute can be granted approval.
Shri Siddharth Gupta, learned counsel submits that now with the passage of time, some other applications are filed by other institutes for approval and the State Government may refuse to grant permission/ approval to the petitioner/ Institute due to certain subsequent developments and based on the recommendations already given, the petitioner/ Institute should be granted approval, as they are seeking grant of recognition/ approval for the session 2013-14 onwards and inspite of various orders passed by this Court, the benefit has not been granted to the petitioner/ Institute.
Considering the aforesaid, we see some substance in the contention advanced by Shri Siddharth Gupta. However, before taking any decision on the same, it is thought appropriate to direct the State Government to submit their reply and, thereafter, the contentions advanced by Shri Siddharth Gupta shall be considered.
However, while submitting a reply and replying to the quarries made by National Council For Teacher Education as is contained in Annexure-R2/1, the State Government shall take note of earlier decision communicated by them as is reflected hereinabove with regard to the petitioner and take a decision with regard to grant of approval for the district for the year 2014-15, particularly, keeping in mind the fact that the petitioner/ Institute was one of the earliest of the applicant for grant of approval for District-Narsinghpur and once for them, permission was granted.
A Copy of this order be given to Shri Sanjay Dwivedi for submitting reply.
Let reply be filed on or before 20th of August, 2013. List the matter on 22nd of August, 2013.