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2008 Supreme(All) 914

RAKESH TIWARI
COMMITTEE OF MANAGEMENT, POST GRADUATE COLLEGE, GHAZIPUR – Appellant
Versus
UNION OF INDIA – Respondent


Advocates:
Counsel :
Ashok Khare and Mrs. Archna Singh for the Petitioners; P.S. Baghel, R.A. Akhtar, Addl. Solicitor General of India and S.C. for the Respondents.

JUDGMENT

Hon’ble Rakesh Tiwari, J.—Heard learned Counsel for the parties and perused the record.

2. Brief facts of the case are that the Post Graduate College, Ghazipur is a college affiliated to Veer Bahadur Singh Poorvanchal University, Jaunpur and is governed by the provisions of U.P. Universities Act, 1973 and the first statute of Poorvanchal University framed thereunder.

3. By an order of the Registrar, Poorvanchal University, Jaunpur affiliation was accorded to the college for running a "Post Graduate Diploma in Physical Education” for the academic session 1995-96 which was extended for the academic sessions 1996 to 1998 the petitioner college admitted students for undergoing a one year post graduate diploma course in physical education during each of the aforesaid extension periods. The students so enrolled and passed the examination held by the University, at the end of the course have been awarded Post Graduate Diploma in physical education by it. The provisions of National Council for Teachers Education Act, 1993 (hereinafter referred to as NCTE) were enforced w.e.f. 1-7-1995. Section 14 of the 1993 Act which envisaged permission/approval from NCTE with regard to each cours




































































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