Case Note & Summary
The petitioner, Basaveshwar Education Society, filed a writ petition before the Bombay High Court, Nagpur Bench, challenging an order passed by the appellate authority, the National Council for Teacher Education (NCTE). The petitioner was aggrieved by the rejection of its appeal by the NCTE. The reason for rejection of the appeal was that the petitioner did not have in possession land and building over the premises, either owned or leased from Government, Semi Government authority. The court noted that even at the time of hearing, the petitioner did not contend that the said finding was erroneous or that it had in possession 2500 sq.mts. of land and building of requisite standard. The court observed that the finding of fact recorded by the appellate authority could not be interfered with in writ jurisdiction. Consequently, the writ petition was dismissed. The rule was discharged with no order as to costs.
Headnote
A) Education Law - Teacher Education - Recognition - National Council for Teacher Education Act, 1993 - Requirement of Land and Building - The petitioner's appeal was rejected by the National Council for Teacher Education on the ground that the petitioner did not have possession of land and building over the premises, either owned or leased from Government/Semi Government authority. The petitioner did not challenge this finding. Held that the finding of fact recorded by the appellate authority cannot be interfered with in writ jurisdiction. (Paras 3-5)
Issue of Consideration
Whether the appellate authority's rejection of appeal on the ground that the petitioner did not have possession of land and building over the premises, either owned or leased from Government/Semi Government authority, is sustainable.
Final Decision
The writ petition is dismissed. Rule is discharged. No order as to costs.
Law Points
- Possession of land and building is a prerequisite for recognition of teacher education institution
- Appellate authority's finding of fact not interfered with in writ jurisdiction
Case Details
2010 LawText (BOM) (01) 460
Writ Petition No.3440 of 2009
A. H. Joshi, R. K. Deshpande
Shri D. V. Chauhan for petitioner; Shri C. S. Kaptan for respondents
Basaveshwar Education Society, Sant Gadge Maharaj B. Ed. College, through its President, Dr. Sudhakar Moglewar
National Council for Teacher Education, Western Region, through its Regional Director; National Council for Teacher Education through its Member Secretary
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Nature of Litigation
Writ petition challenging the order of the appellate authority (National Council for Teacher Education) rejecting the petitioner's appeal.
Remedy Sought
The petitioner sought to quash the order of the appellate authority rejecting its appeal.
Filing Reason
The petitioner's appeal was rejected on the ground that it did not have possession of land and building over the premises, either owned or leased from Government/Semi Government authority.
Previous Decisions
The appellate authority (National Council for Teacher Education) had rejected the petitioner's appeal.
Issues
Whether the appellate authority's rejection of appeal on the ground that the petitioner did not have possession of land and building over the premises, either owned or leased from Government/Semi Government authority, is sustainable.
Submissions/Arguments
The petitioner did not challenge the finding that it did not have possession of land and building.
The petitioner did not contend that it had in possession 2500 sq.mts. of land and building of requisite standard.
Ratio Decidendi
The finding of fact recorded by the appellate authority that the petitioner did not have possession of land and building over the premises, either owned or leased from Government/Semi Government authority, cannot be interfered with in writ jurisdiction as the petitioner did not challenge the finding.
Judgment Excerpts
The reason of rejection of appeal is that the writ petitioner did not have in possession land and building over the premises, either owned or leased from Government, Semi Government authority.
Even today it is not the petitioner’s case that:- (a) the said finding is erroneous. (b) That the petitioner had in possession 2500 sq.mts., of land and building of requisite standard.
Procedural History
The petitioner filed an appeal before the National Council for Teacher Education, which was rejected. The petitioner then filed the present writ petition before the Bombay High Court, Nagpur Bench.
Acts & Sections
- National Council for Teacher Education Act, 1993:
