Ashok Kusum Shiksha Prasar Samiti Bhind Running Institution In The Name Of Shri Ram Collegee Bti Roa vs The State Of Madhya Pradesh

NEUTRAL CITATION NO. 2026:MPHC-GWL:13270
1 WP-49522-2025
IN THE HIGH COURT OF MADHYA PRADESH

AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
th
ON THE 17 OF APRIL, 2026
WRIT PETITION No. 49522 of 2025
ASHOK KUSUM SHIKSHA PRASAR SAMITI BHIND RUNNING
INSTITUTION IN THE NAME OF SHRI RAM COLLEGEE BTI ROA
AND OTHERS
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Raj Bahadur Singh Tomar - Advocate for the petitioner [P-1].
Shri Veyankatesh Budholiya appeared for respondent.
ORDER
The present petition under Article 226 of the Constitution of India
seeking following reliefs:
(1) That, the respondent board kindly directed not to acquire the
building of the private D.El.Ed./B.Ed. institution in the Distt.
Bhind for fixing the examination centre of High School and
Higher Secondary Examination which is scheduled in the month
of February 2026.
(II) It may also kindly directed in future also not to acquire the
building of the private D.FI. Ed. B.Ed. institution for fixing the
centre of their examination..
(III) That. other relief doing justice including cost be ordered.
2. Learned counsel for the petitioner, at the outset, while referring to
the norms and standards for the Diploma in Elementary Teacher Education
Programme leading to Diploma in Elementary Education published in the
Signature Not Verified
Signed by: ASHISH PAWAR
Signing time: 29-04-2026
18:18:57

NEUTRAL CITATION NO. 2026:MPHC-GWL:13270
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Extraordinary Gazette of India, submitted that the petitioner-institution is

imparting education in D.Ed. and B.Ed. courses. As per the prescribed norms
and standards, the institution is required to conduct classes for each academic
session mandatorily for a period of 200 working days every year. However,
due to the taking over of the college premises by respondents No. 2 and 3,
the said period of classes could not be conducted, resulting in hardship in
adhering to the norms and standards issued by the NCTE.
3. Learned counsel submits that if directions are issued to respondents
No. 2 and 3 that while taking over the college premises for conducting
examinations, due regard be given to the norms and standards issued by the
NCTE regarding the number of days for which classes are required to be
conducted by the college, then the grievance of the petitioner would stand
redressed.
4. Learned counsel for the petitioner further submits that apart from
the petitioner’s college, there are around 800 Higher Secondary Schools in
the vicinity where examinations conducted by the Board of Secondary
Education can be held, and therefore there is no necessity of taking over the
entire college premises for conducting such examinations. It is submitted that
this aspect may also be taken into consideration.
5. Learned counsel has also argued that admissions in the college
generally take place in the months of July/August, whereas examinations are
conducted in the months of April/May. Thus, with a very limited margin of
time, the institution is required to fulfill the mandatory requirement under the
NCTE norms and standards of conducting classes for at least 200 working
Signature Not Verified
Signed by: ASHISH PAWAR
Signing time: 29-04-2026
18:18:57

NEUTRAL CITATION NO. 2026:MPHC-GWL:13270
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days.

6. On the other hand, learned counsel for respondents No. 2 and 3
submits that whenever the college building of the petitioner is required, the
same is taken over strictly in accordance with the applicable norms and
provisions, and no hindrance is caused due to such acquisition in conducting
classes as required under the norms and standards issued by the NCTE. It is,
therefore, prayed that the present petition, being devoid of merit, is liable to
be dismissed.
7. After hearing learned counsel for the parties and perusing the
record, this Court finds that as per the NCTE norms published in the
Extraordinary Gazette Notification, Clause 2.2 provides that the institution
conducting D.Ed. and B.Ed. courses is mandatorily required to have 200
working days in an academic session, exclusive of the period of examination
and admission. From the averments made by the petitioner, it is reflected that
admissions in the college take place in the months of July/August of the
concerned academic session, and thereafter examinations are conducted in
the months of April/May, thereby leaving the institution with only a limited
period to complete the minimum requirement of 200 working days.
8. In light of the aforesaid facts, this Court deems it expedient to direct
respondents No. 2 and 3 that, in case they require the premises of the
petitioner-college for conducting examinations, the same shall be done while
adhering to the norms and standards issued by the NCTE, as appended in
Annexure P/5, specifically Clause 2.2.
9. With the aforesaid direction, the petition stands disposed of.
Signature Not Verified
Signed by: ASHISH PAWAR
Signing time: 29-04-2026
18:18:57

NEUTRAL CITATION NO. 2026:MPHC-GWL:13270
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(MILIND RAMESH PHADKE)
JUDGE
(aspr)

Signature Not Verified
Signed by: ASHISH PAWAR
Signing time: 29-04-2026
18:18:57