LAWS(MPH)-2014-3-23

ARCHANA GUPTA Vs. STATE OF M.P.

Decided On March 04, 2014
ARCHANA GUPTA Appellant
V/S
STATE OF M.P. Respondents

JUDGEMENT

(1.) AS a common questions of law and facts are involved in both these petitions and as the petitions are filed both by the Institute and the students, who had taken admission in a B.Ed. Course, these petitions are disposed of by this common order.

(2.) PETITIONERS Smt. Archana Gupta and four others in W.P.No.6343/2011 were students, who had taken admission for the academic session 2008 -09 & 2009 -10 for pursuing studies in the B.Ed Course with Gyan Sagar B.Ed College, Satna. They were granted admission after counselling was conducted by the State Government and they were allocated seats in the institute in question by the competent authority of the State Government, based on the counselling conducted. Their grievance in the writ petition is that even though, they have been admitted and have completed the course but they are not being permitted to appear in the examinations, which are to be held from 15.3.2011 to 31.3.2011. Accordingly, seeking a direction to permit the petitioners to appear in the examination, W.P.No.6343/2011 is filed by the petitioners.

(3.) THE petitioner/Institute was granted recognition both by the National council for Teachers' Education and affiliation by the University for the Academic Session 2006 -07. However, in pursuance to certain Public Interest Litigation filed before this Court and in pursuance to a directions issued therein for re -examining the activities of the B.Ed Colleges in the State of Madhya Pradesh, it is stated that the Western Regional Committee constituted, under the National Council for Teachers Education Act, conducted certain inspection and passed an order on 13th of August, 2009 vide Annexure -P2 refusing the permission to the Institute in question to conduct the course. It is stated that the institute filed an appeal before the appellate authority and vide order Annexure -P4 dated 8.2.2010, the appellate authority has decided the appeal.