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Bombay High Court
Aishabai College Of Education vs National Council For Teachers ... on 28 November, 2025
Author: Ravindra V. Ghuge
Bench: Ravindra V. Ghuge
2025:BHC-OS:23002-DB
933-WP-2581-2013.odt
GAYATRI
Digitally signed
by GAYATRI
RAJENDRA
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
RAJENDRA SHIMPI
SHIMPI Date: 2025.12.02
11:15:36 +0530
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO. 2581 OF 2013
WITH
NOTICE OF MOTION NO. 388 OF 2017
IN
WRIT PETITION NO. 2581 OF 2013
Aishabai College of Education
at Qasr-E-Aisha, 30, Motlibai Street,
Opp. Baby Garden, Agripada,
Mumbai 400 008
Run and managed by
Aishabai & Haji Abdul Latif Charitable Trust
Nirmal, 21st Floor, Nariman Point,
Mumbai - 400 021, Through its Trustee
Mr. Ibadur Rehman Siddiqui ... Petitioner
Versus
1. National Council For Teachers
Education Through its Member Secretary,
Office - Wing - II, Hans Bhavan, 1,
Bahadurshah Zafar Marg,
New Delhi - 110 002.
2. National Council for Teachers Education
(Western Regional Committee)
Through Regional Director,
Office - Manas Bhavan,
Shyamala Hills,
Bhopal - 452 002.
3. The State of Maharashtra
Through Government Pleader
High Court, Bombay - 400 001 ... Respondents
****
Mr. Mihir Desai, Senior Advocate a/w Mr. Hasan M. i/b Mr. Negandhi
Shah & Himayatullah, Advocates for the Petitioner.
Ms. Gauri Sawant, AGP for Respondent - State.
Gayatri Shimpi 1
::: Uploaded on - 02/12/2025 ::: Downloaded on - 05/12/2025 22:27:05 :::
933-WP-2581-2013.odt
****
CORAM : RAVINDRA V. GHUGE AND
ASHWIN D. BHOBE, JJ.
DATE : 28th NOVEMBER, 2025
ORAL JUDGMENT : (PER : RAVINDRA V. GHUGE)
1. This Petition is in the Prioritised Category of Cases.
2. We have heard the learned Senior Advocate for the
Petitioner and the learned AGP.
3. We have perused the detailed interim order running into 8
pages, dated 8th August 2014, by which the Petition was admitted and
interim relief was granted in terms of paragraph No.12 (a) to (I), which
read as under :-
"a) The effect and operation of impugned minutes of meeting
dated 13 November 2013 and order dated 26 December
2013, are stayed.
b) The effect and operation of impugned communications
dated 9/23 January 2013 and 30 April 2013 are also
stayed.
c) The Petitioners are permitted to grant fresh admission to
students for the academic year 2014-2015 only for the
present.
933-WP-2581-2013.odt
d) The concerned Respondents are directed to publish the
name of the Petitioners' institution on its website i.e. on
www.mahaassoedupune.org.
e) The admission of the students would be provisional and the
Petitioners-college shall be treated as having been granted
provisional approval.
f) The concerned students shall be intimated accordingly and
their admissions would be subject to further orders and/or
outcome of this Writ Petition.
g) The Respondents to file reply within two weeks from today.
The rejoinder, if any, two weeks thereafter.
h) Liberty is granted to the Respondents to apply for
appropriate orders.
i) The parties to act on an authenticated copy of this order."
4. Pursuant to the above, the Petitioner had preferred a Notice
of Motion (L) No. 366 of 2017. This Court granted ad-interim relief in
terms of prayer clauses (a) and (b), which read as under :-
"(a) That pending hearing and final disposal of the present
Writ Petition, this Hon'ble Court be pleased to stay, the effect
and operation of the impugned decision of the Respondent No. 1
dated 30-31st May, 2017 communicated vide letter dated 12th
June 2017, withdrawing the recognition dated 12th August 2017
granted to the Petitioner;
(b) That pending hearing and final disposal of the present Writ
933-WP-2581-2013.odt
Petition, this Hon'ble Court may be pleased to direct the
Respondent No. 1 to continue the Petitioner's recognition in
terms of the recognition Order dated 12th August, 2015;"
5. The learned Senior Advocate submits and the learned AGP
does not dispute, that each year, the Petitioner's College of Education,
which operates the two years B.Ed Course, has to receive renewal of
approval each Academic Year. After 2017, the Petitioner has been
receiving such approval and the College is smoothly functioning until
this day. In May, 2026, the time would come when the Petitioner would
need a fresh approval or the renewed approval for the Academic Year
2026 - 2027. If there is any issue with the grant of renewal of approval,
the Petitioner would avail of a statutory remedy as is permissible in law.
6. Having considered the interim orders passed on 8th August,
2014 and 22nd June, 2017, the Petitioner was permitted to admit students.
Being a two years course, those students who must have taken
admission, must have already passed out and several batches thereafter
may also have passed.
7. As such, this Petition is rendered of academic interest. In
the event this Court concludes as on date that the cancellation of the
recognition in 2013 was sustainable, it would be inequitable and would
933-WP-2581-2013.odt
cause an irreparable harm, serious prejudice and manifest inconvenience
to those students who were admitted under the orders of this Court and
have passed out after acquiring their degrees. We have, therefore, formed
a view that this matter needs to be given a quiteus.
8. In view of the above and in the light of the peculiar facts
and circumstances in this case, this Petition is partly allowed in terms
of the interim orders. Rule is made partly absolute.
9. Needless to state, in the event the Nodal authority, which
has the jurisdiction to inspect the college, carries out such an inspection
and notices any deficiencies or impediments, it would be at liberty to
initiate appropriate action. Consequentially, the Petitioner would be at
liberty to avail of a remedy as is permissible in law.
10. Pending Notice of Motion would not survive and stand
disposed off.
(ASHWIN D. BHOBE, J.) (RAVINDRA V. GHUGE, J.)
