CHAUHAN ISHWARBHAI DUDHABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellants filed Special Civil Application No. 1993 of 2004 on 11th February, 2004 praying for a writ of mandamus or any other appropriate writ, order or direction directing the respondents to declare the results of the appellants and to issue mark-sheets to them for the C.P.Ed. 1st year examination held by the respondent No. 2-Board in April, 1999 and to direct the respondents to permit the appellants to complete their 2nd year C.P.Ed. examination. The petition was dismissed by Mr. K. M. Mehta, J. by his judgment and order dated 5th April, 2004. The appellants, have therefore, filed this appeal under Clause 15 of the Letters Patent challenging the said judgment and order,

(2.) The appellants and other students came to be admitted by Sharirik Shikshan Mahavidyalaya run by Shri Jagdeep Education Trust - the respondent No. 3 institution for the C.P.Ed. and D.P.Ed. courses for the academic year 1998- 1999. There was no registration or permission granted by the competent authority under the National Council for Teachers Education ('N.C.T.E.' for short). The C.P.Ed. course is a certificate course and is of two years' duration, while D.P.Ed. is a diploma course and it is of one year duration. The three appellants were admitted to C.P.Ed. course. The last date for filing application under Regulation 7(B) for commencement of the course for academic year 1998-1999 was 31st December, 1997, The respondent No. 3 applied to the State Government to get N.O.C. on 6th July, 1998. On 12th August, 1998, the State Government granted N.O.C. The respondent No, 3 obtained the application for seeking recognition on 28th August, 1998. The respondent No. 3 gave an advertisement tor the purpose of giving admissions in August, 1998 and the admissions were given to students in C.P.Ed. and D.P.Ed. courses on 13th September, 1998. Till then, the respondent No. 3 had not obtained recognition from N.C.T.E, The respondent No. 3 submitted the application for recognition to N.C.T.E on 3rd November, 1998. On 5th January, 1999, the respondent No. 3 was informed by the State Government that N.C.T.E. recognition was required. On 6th April, 1999, D.E.O. informed the respondent No. 3 that the examination of students admitted by them will not be conducted by the State Examination Board. On 9th April, 1999, the respondent No. 3 filed Special Civil Application No. 2571 of 1999 praying that the students of their school be permitted to appear in the examination. N.C.T.E. was not joined as party. On 12th April, 1999, this Court (Coram : Mr. D. C. Srivastava, J.) passed the following order :

(3.) The students appeared in the examination, pursuant to the said order, on 22nd April, 1999.