LAWS(MPH)-2014-12-3

DEVENDRA SHARMA Vs. STATE OF MP

Decided On December 02, 2014
DEVENDRA SHARMA Appellant
V/S
STATE OF MP Respondents

JUDGEMENT

(1.) PETITIONER has filed this writ petition and has called in question tenability of an order dated 24.02.2014 Annexure -P9 passed by the Western Regional Committee of the National Council for Teachers Education granting approval and recognition to Respondent No.6 Shri Jagat Narayan College under Section 14(1) of the NCTE Act, 1993 to establish a B.Ed. College in the area with intake capacity as indicated in the order Annexure -P9.

(2.) IT is the case of the petitioner that in accordance with the provisions of N.C.T.E Regulation, Norms and Procedures, statutory in nature framed, the requirement for grant of recognition under Section 14 for establishing an Educational Institute is contemplated and one of the requirement is with regard to existence of a land and building in favour of the institute or the society, which has sought for permission. It is said that the Institute of Respondent No.6 sought permission before the Council to start the institute based on their right to certain land comprising of Khasra Nos.1095, 1097/2 and 640/1/2 situated in the area in question. Based on the aforesaid assertions made by Respondent No.6, it is said that the recognition is granted.

(3.) HOWEVER , petitioner invites our attention to a judgment and order passed by the First Additional District Judge -Tikamgarh in Civil Appeal No.70A/2009 (Devendra Kumar and Ors. Vs. Manoj Kumar and Ors.) to say that Manoj Kumar and Ors. claiming to be directors and office bearers of the society, which runs Shri Jagat Narayan College has indicated before the National Council of Teachers' Education that the land and property comprising of the aforesaid Khasra Nos. belongs to them/ the Institute.