The Malout Educational Society vs State Of Punjab on 24 March, 2025

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Supreme Court - Daily Orders

The Malout Educational Society vs State Of Punjab on 24 March, 2025

Bench: Surya Kant

                                                        1

     ITEM NO.18                             COURT NO.3                        SECTION IV-B

                                S U P R E M E C O U R T O F             I N D I A
                                        RECORD OF PROCEEDINGS

     SPECIAL LEAVE PETITION (CIVIL) ………………….Diary No(s).13044/2025

     [Arising out of impugned final judgment and order dated 30-09-2024
     in CWP No.24791/2023 passed by the High Court of Punjab & Haryana
     at Chandigarh]

     THE MALOUT EDUCATIONAL SOCIETY                                            Petitioner(s)

                                                    VERSUS

     STATE OF PUNJAB & ORS.                                                    Respondent(s)

     (IA No. 68345/2025 - CONDONATION OF DELAY IN FILING)

     Date : 24-03-2025 This matter was called on for hearing today.

     CORAM :
                          HON'BLE MR. JUSTICE SURYA KANT
                          HON'BLE MR. JUSTICE NONGMEIKAPAM KOTISWAR SINGH

     For Petitioner(s)               Mr. Jitesh Malik, Adv.
                                     Ms. Anisha Dahiya, Adv.
                                     Mr. Jatin Hooda, Adv.
                                     Ms. Anjana Sharma, Adv.
                                     Mr. Satish Kumar, AOR

     For Respondent(s)

                           UPON hearing the counsel the Court made the following
                                              O R D E R

1. Delay condoned.

2. Heard learned counsel for the petitioner and carefully perused the material placed on record.

3. The High Court, vide the impugned judgment, has declined to interfere with the decision taken by the State of Punjab in terms whereof the petitioner has not been permitted to set up a new B.Ed. College.

Signature Not Verified

4. Digitally signed by SATISH KUMAR YADAV The main argument raised on behalf of the petitioner is Date: 2025.03.25 18:50:22 IST that once the National Council for Teacher Education (NCTE) granted Reason:

recognition/permission to the petitioner-society, the Department of Higher Education of the State cannot refuse to issue a “No 2 Objection Certificate” to it.

5. We find no merit in the contention raised on behalf of the petitioner as the mere grant of recognition/permission by the National Council for Teacher Education (NCTE) cannot confer an indefeasible right to establish a new B.Ed. College.

6. The State Governments are well within their rights to create a policy framework to regulate the establishment of such colleges. In the instant case, the State has taken a conscious policy decision to the effect that since 40% seats in the existing B.Ed. Colleges are lying unfilled, no new college should be established in the State.

7. We are not inclined to interfere with the policy decision in exercise of our powers under Article 136 of the Constitution of India.

8. The Special Leave Petition is, accordingly, dismissed.

(SATISH KUMAR YADAV)                                          (PREETHI T.C.)
ADDITIONAL REGISTRAR                                        ASSISTANT REGISTRAR

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