The central legal point established in the judgment is the mandatory nature of the provisions of section 14(6)(a) of the National Council for Teacher Education Act, 1993, emphasizing the authority of NCTE to grant recognition and the obligation of the State Council to grant affiliation to institutions after receiving recognition order.

Z.A. HAQ, J.

1. Heard Mr. Mirza, Advocate for the petitioner and Ms. Dangre, Additional Government Pleader for the respondents.

2. Rule. Rule is made returnable forthwith.

3. In these bunch of writ petitions, common question of law is involved and, therefore, the writ petitions have been heard together and are being decided by this common judgment.

4. In Writ Petition No. 4533/2012, the submission of the petitioner is that the National Council for Teacher Education by order dated lst/9th August, 2012 has granted recognition order to Shri Padmaprabha Digambar Jain Adhyapak Vidyalaya, Khadshangh (Ansingh), Tahsil and District Washim to start D. E1. Ed. course of Elementary level of two years with an annual intake of 50 students from the academic session 2012-2013. After receiving recognition order, the petitioner made application to respondent No. 2-State Council for grant of affiliation but by communication dated 7th September, 2012 respondent No. 2-State Council informed the National Council for Teacher Education that it has taken a decision that the affiliation will not be granted to any D.T. Ed, colleges in the State henceforth.

The petitioner, being aggrieved by the abovementioned decision of respondent No. 2-State Council, has filed writ petition. After filing of the writ petition, the Government Resolution dated 17th October, 2012 is issued stating that the State Government will not give affiliation to any new teacher colleges in the State of Maharashtra. The petitioner has amended the writ petition and has challenged the above referred Government Resolution.

5. In Writ Petition No. 1982/2013, the submission of the petitioner is that the National Council for Teacher Education by order dated 16th/21st September, 2011 has granted recognition order to Rajiv Gandhi D. Ed, College, Chandrapur for D. Ed. (M) (CO-ED) course of two years duration with an annual intake of 50 students. After receiving recognition order, the petitioner made application to respondent No. 2-State Council for grant of affiliation but by communication dated 28th August, 2012 respondent No. 2-State Council informed the National Council for Teacher Education that it has taken a decision that the affiliation will not be granted to any D. Ed. Colleges in the State henceforth.

The petitioner, being aggrieved by the above mentioned decision of respondent No. 2-State Council, has filed writ petition.

6. In Writ Petition No. 4986/2012, the submission of the petitioner is that the National Council for Teacher Education by order dated 31-8-2012 has granted recognition order to P.N. Bhele D. Ed. College Nara, Tahsil Karanja. Dist Wardha to start D. El. Ed. course of Elementary level of two years with an annual intake of 50 students from the academic session 2012-2013. After receiving recognition order, the petitioner made an application to respondent No. 2-State Council for grant of affiliation but by communication dated 4th/13th September, 2012 respondent No. 2-State Council informed the National Council for Teacher Education that it has taken a decision that the affiliation will not be granted to any D. Ed. College in the State of Maharashtra.

The petitioner, being aggrieved by the above mentioned decision of respondent No. 2-State Council, has filed writ petition. After filing of the writ petition, the Government Resolution dated 17th October, 2012 is issued stating that the State Government will not give affiliation to any new teacher colleges in the State of Maharashtra. The petitioner has amended the writ petition and has challenged the above referred Government Resolution.

7. In Writ Petition No. 4993/2012, the submission of the petitioner is that the National Council for Teacher Education by order dated 14th/16th August, 2012 has granted recognition order to Azad Hind Shaikshanik Sanstha, Dr. Dilawarhkhan Adhyapak Vidyalaya. Borgaon Manju, Distt. Akola to start D. Ed. (M) (Co. Ed.) course with an annual intake of 50 students from the academic year 2012-2013.