SIDDHI VINAYAK COLLEGE Vs. STATE OF M P

JUDGEMENT

(1.) By this writ petition preferred under Article 226 of the Constitution of India the petitioner has prayed for issue of a writ of certiorari for quashing the order dated 29-01-2008 passed by the Board of Secondary Education, MP., the respondent No. 2 herein, whereby the said authority has declined to grant affiliation to the petitioner-college for D.Ed. Course for the year 2007-2008, and further to issue a writ of mandamus to the said respondent to grant affiliation in respect of the course in question.

(2.) Shorn of unnecessary details the facts which are essential to be stated are that the petitioner-institution had applied for grant of recognition for D.Ed. Course in the year 2006 to the National Council for Teachers Education, Western Regional Committee, the third respondent herein. On receipt of the said application the NCTE directed inspection of the College as per the provisions contained under the National Council for Teacher Education Act, 1993 [for brevity 'the Act']. During the pendency of the application the Union of India issued certain instructions to the Western Regional Committee not to proceed with the matter relating to grant of recognition. Being aggrieved by the said decision of the Union of India the petitioner preferred W.P. No. 12720/07.

(3.) In the said writ petition a prayer was made to decide the application for recognition and grant interim relief regarding admission of students in D.Ed. Course inasmuch as the Board of Secondary Education had .fixed the cut-off date as 30-9-2007. The learned Single Judge on 11 -9-2007 passed the following order: