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2025 DAILYLAW 148112 (ALL)

BALMUKUND BAZARI OF EDUCATION THRU. CHAIRMAN PRANSHU GOYAL v. STATE OF U.P. THRU. PRINCIPAL SECRETARY HIGHER EDUCATION . LUCKNOW AND 2 OTHERS

WRIC/6100/2025 · 2025-06-26

Brij Raj Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:36571 Court No. - 3 Case :- WRIT - C No. - 6100 of 2025 Petitioner :- Balmukund Bazari Of Education Thru. Chairman Pranshu Goyal Respondent :- State Of U.P. Thru. Principal Secretary Higher Education . Lucknow And 2 Others Counsel for Petitioner :- Pali Anurag,Ankit Verma,Suryansh Narula Counsel for Respondent :- C.S.C.,Anagh Misra,Savitra Vardhan Singh Hon'ble Brij Raj Singh,J. 1. Shri Chandrasen Yadav, holding brief of Shri Anagh Misra, learned counsel for opposite party no.3 requests that as Shri Anagh Misra, who is appearing for opposite party no.3, is out of station, this case may be adjourned. 2. Request of Shri Chandrasen Yadav has been seriously objected by learned counsel for the petitioner by submitting that it is an urgent matter. This case was filed on 21.06.2025 and on earlier occasion, it was passed over as learned counsel for opposite party no.3 was not available. 3. However, today again a request for adjournment has been made. As it is an urgent matter as the recognition of the petitioner's institution has been withdrawn, this Court is proceeding to take up the matter. 4. Heard learned counsel for the petitioner and learned Standing Counsel for opposite party no.1/State, Shri Chandrasen Yadav, holding brief of Shri Anagh Misra, learned counsel for opposite party no.3, Shri Savitra Vardhan Singh, learned counsel for opposite party no.2 and perused the record. 5. By means of the present petition, the petitioner has made following main prayers: "a. Issue a writ, order or direction in the nature of Certiorari quashing the Minutes of 440th Meeting of Northern Regional Committee (NRC), NCTE (O.P. No. 3) dated 14.05.2025, annexed as Annexure No. 1 to this writ petition, in so far as it relates to the Petitioner, wherein the O.P. No. 3 has resolved to withdraw the recognition granted to the Petitioner for the Course of B.Ed., under Section 17 of the Act of 1993, from the academic session 2025-26 and has restrained the Petitioner to make further admissions henceforth w.e.f. 2025-2026; b. Issue a writ, order or direction, in the nature of Mandamus, commanding the O.P. No. 3 to reconsider the representation dated 30.04.2025, along with the subsequent reminder dated 12.06.2025, collectively annexed as Annexure No. 2 to this writ petition and to further afford the Petitioner an opportunity to expeditiously submit the Performance Appraisal Report (PAR) for the academic sessions 2021-22 and 2022-23; c. Issue a writ, order or direction, in the nature of Mandamus, commanding the Opposite Parties to permit the Petitioner to participate in the counselling for admissions in B.Ed. Course 2025-27 and further to allot students to the Petitioner Institution." 6. Learned counsel for the petitioner has submitted that for redressal of his grievance the petitioner has preferred representations dated 30.04.2025 and 12.06.2025 to the opposite party No.3, which has been annexed as Annexure No.2 to the writ petition, but no appropriate decision has been taken on the same till date. 7. Learned counsel for the petitioner has further submitted that the petitioner is ready to prefer a fresh representation to the Competent Authority, therefore, he may be permitted to prefer a fresh representation to the opposite party No.3 i.e. Regional Director, Northern Regional Committee, National Council for Teacher Education (NCTE), New Delhi and the direction may be issued him to consider and decide the said representation of the petitioner with expedition. 8. Learned counsel for the opposite parties has no objection if any direction for disposal of the said representation is issued. 9. In view of the above, without entering into merits of the issue, the instant writ petition is disposed of finally permitting the petitioner to prefer a fresh representation to the respondent mo.3 i.e. Regional Director, Northern Regional Committee, National Council for Teacher Education (NCTE), New Delhi taking all the pleas and grounds, which are available to him for disposal of the representation annexing therewith copy of the relevant documents in support of his claim within a period of one week from today and if any such representation is preferred by the petitioner within the aforesaid stipulated time, the authority concerned shall consider and decide the representation of the petitioner, strictly in accordance with law by passing a speaking and reasoned order, with expedition, preferably within a period of three weeks from the date of presentation of a certified copy of this order along with representation. The decision, so taken on the representation of the petitioner, be intimated to the petitioner forthwith. Brij Raj Singh,J. Order Date :- 26.6.2025 Anupam S/- Digitally signed by :- ANUPAM SINGH PATEL High Court of Judicature at Allahabad, Lucknow Bench