Madhya Pradesh High Court
Private Educational Colleges Welfare ... vs National Council For Teacher Education on 24 August, 2017
WP Nos. 10999/2017, 11108/17,11109/17,11207/17,11208/17,
11209/17, 11210/17, 11463/17, 11629/17, 11707/17,11814/17,
11903/17 & WP No. 11979/17
24-08-2017
Shri Siddharth Gupta, Shri O.P. Agnihotri and Shri
R.Maindiratta, learned counsel for the petitioners.
Shri K.K.Singh, learned counsel for the NCTE.
Shri Mahendra Pateria, learned counsel for the Baraktullah
University and Board of Secondary Education.
Learned counsel for the respondent/NCTE has filed an
application (IA No.11681/2017) today along with which they have filed an order passed by the Supreme Court in Transfer Petition(s) (Civil) No(s). 1306-1307/2017, filed by the NCTE against The Haryana Self Finance Private Colleges Association, wherein the Supreme Court has stayed further proceedings before the Patna High Court.
The respondent/NCTE has filed another order passed by the Supreme Court in Transfer Petition (Civil) No. 1348/2017, filed by the NCTE and others against Association of Teachers Training College, Bihar, wherein the Supreme Court has ordered "there shall be stay of further proceedings in all the matters, in the meantime."
The learned counsel for the respondent/NCTE has also placed on record documents to indicate that in respect of the petitioner in WP No.11629/2017, pending before this Court, the NCTE has filed a transfer application before the Supreme Court in similar terms as T.A.No.1306-1307/2017 and T.A.No. 1348/2017 pending before the Supreme Court, for transfer of the present petitions also. It is stated that the said application was filed on 23.08.2017 and is due to come up for orders before the Supreme Court.
Though the learned counsel for the respondent/NCTE submits that the NCTE has given the numbers of all the petitions pending before this Court, in the said transfer application or has filed appropriate application/s in respect of the other petitions also, but this fact is vehemently opposed by the learned counsel appearing for the petitioners who submits that no such information is available on the official website of the Supreme Court. The learned counsel for the petitioners submits that in such circumstances, the present petitions be taken up for orders on interim relief prayed for by the petitioners since the dead line is 31.08.2017.
Having heard the learned counsel for the parties, and looking to the orders passed by the Supreme Court, it is apparent that the Supreme Court is ceased with the transfer petitions filed by the NCTE, and has passed interim order staying the proceedings of the High Court in such matters. It is also not disputed that the present petitions are identical to the petitions pending before the various other High Courts including Patna High Court and Gujrat High Court, and that it is in such cases the Supreme Court has passed an order staying the proceedings before the Patna High Court while permitting continuation of the proceedings before the Delhi High Court.
In the circumstances, though it is not clearly ascertainable whether the respondent/NCTE has filed a transfer application in respect of all the petitions which are pending before this Court or not, however, in view of the orders passed by the Supreme Court, propriety demands that this Court defer the proceedings in the present petitions to enable the petitioners as well as the respondents to obtain clarification in this regard.
C.c.today.
(RAVI SHANKAR JHA) (NANDITA DUBEY)
JUDGE JUDGE
jitin