LAWS(BOM)-2004-11-19

RAMESH NIVRUTTIBHOR Vs. STATE OF MAHARASHTRA

Decided On November 03, 2004
RAMESH NIVRUTTIBHOR Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) THE first writ petition is filed by Ramesh nivrutti Bhor and six others against Dr. Babasaheb Adhyapak Vidyalaya run by one Bahujan Samaj Prabhodan Shikshan Sanstha situated at Kotur in Taluka akole District Ahmednagar (for short, hereinafter referred to as "the institution) There are in all nine respondents in the first writ petition, Principal amongst them being respondent No. 9 National Council for Teacher Education (NCTE), respondent No. 8 Maharashtra Rajya Pariksha Parishad and the respondent No. 4 Education Officer (Education), Zilla Parishad, Ahmednagar.

(2.) THE second writ petition is filed by the Institution against two respondents i. e. NCTE and the State of Maharashtra.

(3.) IN the first writ petition it is contended that the seven petitioners along with other students were admitted to the D. Ed course run by the Institution in the year 2003-2004. They are seeking a direction that an appropriate arrangement be made to allow them to appear in the examination of the first year D. Ed course to be held in November, 2004, from any other Institution. The case of these students is that they had paid the fees to the Institution but now their information is that this Institution does not have the necessary recognition. In fact, at Exhibit D to the first petition is the letter dated 18-3-2004 of the State Government in the school Education Department stating that the initial no-objection certificate of the State Government was obtained by this Institution by fabricating the signature of the officer concerned. The letter further states that on the basis of the fabricated papers, the NCTE was pursuaded to issue a letter dated 20-2-2004 granting provisional recognition for the year 2004-2005. This letter of the School education Department addressed to the Education Officer (Secondary), Zilla parishad, Ahmednagar, informs the Zilla Parishad that the NCTE has been intimated that the application of the Institution to start the D. Ed college should not be considered. The Zilla Parishad has been asked to register an offence against the Institution for fabricating the Government papers, fabricating the documents with bogus signatures of the Government Officers and on that basis, practising deception on the NCTE.