PRIYANKA PRABHAKAR JAGE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Mr.Gangal in support of this petition which is filed by some 50 students who took admission to the Diploma in Teachers Education (D.Ed.) Course run by Respondent No.6 - Teachers Training College under the management of Respondent No.5. The main grievance of the Petitioners is that they were admitted to that course during the academic year 2004-05 when this institution did not have the recognition of the National Council for Teacher Education (NCTE). Their forms for the examinations for the first year were permitted to be received under the orders passed by a Vacation Judge on 4th November 2005 and they were permitted to give examinations. Now their prayer is that they be permitted to give the second year examination which is the final examination and that the Respondents No.1, 3 and 4 be directed to receive the forms and they may be permitted to give the final examination. It is submitted on their behalf that they took admission to this course under the impression that it is a recognised course. It is submitted by Mr.Gangal, counsel for the Petitioners, that they have the requisite attendance and that the institution does have a necessary infrastructure and necessary teaching has been provided.

(2.) Mr.Joshi for Respondents No.5 and 6 supported this petition by submitting that these facilities were very much available. He pointed out that the institution has been given recognition for the subsequent academic year, i.e. 2005-06. It is stated in the reply filed by one Dr.G.M. Shinde, Chief Promoter of Respondents No.5 and 6, that the institution initially applied on 26th November 2003 to the State Government, but there was no proper reply and hence a fresh application was given on 19th August 2004. There was no communication and finally on 18th December 2004 they received the reply that the NOC had been rejected by the State Government. It is stated that in the meanwhile the college had started imparting education from 1st November 2004. It is in these circumstances as stated in this affidavit that the petition be entertained and the students be permitted to give the final examination now, and that the results of the first year examination be also declared.

(3.) We may add that when the matter came before this Division Bench, we permitted the students to fill their forms and by our order passed on 19th June 2006 and 21st June 2006, we directed the authorities concerned to permit the students to fill the forms for the second year examinations which will be held some times in November 2006.