Calcutta High Court (Appellete Side)
3821/2010 on 26 July, 2010
Author: Pranab Kumar Chattopadhyay
Bench: Pranab Kumar Chattopadhyay
26.07.10
25/skp.
F.M.A. 689 of 2010
With
C.A.N. 3821 of 2010
Mr. Asoke De,
Mr. Abhijit Chakraborty ... for the Appellants.
Mr. Subir Sanyal,
Mr. Taraprasad Halder ... for the West Bengal
Board of Primary
Education.
Mrs. Asha Gourisaria Gutgutia ... for National
Council for
Teacher Education.
Mr. Jayanta Mitra ... for the District Primary
School Council, Burdwan.
This application has been filed in connection with the
appeal preferred from the judgment and order dated 8th April,
2010 passed by a learned Judge of this Court whereby and
whereunder the said learned Judge dismissed the writ petition on
merits.
Going through the records, we find that the National
Council for Teacher Education, Eastern Regional Committee, a
Statutory Body of the Govt. of India in exercise of the powers
vested under Section 14(3)(a) of the NCTE Act, l993 granted
recognition to the Dainhat Joy Matara Primary Teacher's Training
Institute by the order dated January 7, 2010.
In view of the grant of aforesaid recognition, the West
Bengal Board of Primary Education by the order dated 12th
January, 2010 granted affiliation to the said Dainhat Joy Matara
Primary Teacher's Training Institute from the ensuing academic
2
session which according to the appellants should be 2009-2010
and according to the West Bengal Board of Primary Education
2010-2011.
From the records we also find that the West Bengal Board
of Secondary Education by the Notification dated 24th July, 2009
constituted the admission committee with the following members
-
1) Chairman, D.P.S.C. of concerned District Including Kolkata/Siliguri Primary School Council .... Chairman.
2) District Inspector of Schools (PE) of
Concerned District/Sub-Division
... Member Secretary
3) Nominee of West Bengal Board of Primary
Education .... Member.
4) Principal of the concerned Primary
Teachers' Training Institute ... Member.
5) Teachers' Representative of concerned
Primary Teachers' Training Institute
... Member.
The aforesaid admission committee in the present case prepared the merit list of the candidates for admission in the academic session 2009-2010 and according to the said merit list students were also admitted.
The aforesaid admission committee constituted by the West Bengal Board of Primary Education prepared the merit list of the candidates for admission during the academic session 2009-2010 and the students were also admitted by the said Dainhat Joy Matara Primary Teachers' Training Institute for the academic session 2009-2010 on the basis of the said merit list. At present, objection has been raised by the West Bengal Board of Primary Education regarding admission of the aforesaid students during 3 the academic session 2009-2010. The aforesaid objection cannot be regarded as valid objection since the admission committee constituted by the West Bengal Board of Primary Education prepared the merit list for admission of the students in the said Dainhat Joy Matara Primary Teachers' Training Institute during the academic session 2009-2010.
Mrs. Asha G. Gutgutia, learned Counsel representing the National Council for Teacher Education, Eastern Regional Committee on instruction submits that the West Bengal Board of Primary Education is under an obligation to grant affiliation to an institution immediately after recognition granted by the said Council.
In the instant case also the West Bengal Board of Primary Education granted affiliation to the aforesaid institution immediately after the grant of recognition by the National Council for Teacher Education, Eastern Regional Committee. Therefore, after the grant of recognition by the National Council for Teacher Education and affiliation by the West Bengal Board of Primary Education in favour of the aforesaid institution and after preparation of the merit list for admission during the session 2009-2010 by the Admission committee constituted by the West Bengal Board of Primary Education, prospects of the students admitted during the session 2009-2010 cannot be allowed to be affected or prejudiced under any circumstances.
In the aforesaid circumstances, we direct the West Bengal Board of Primary Education to issue registration number to the 4 students admitted during the session 2009-2010 in the said Dainhat Joy Matara Primary Teacher's Training Institute and allow them to appear at the final examination subject to condition that the said students will have to complete 180 teaching days before appearing at the said final examination conducted by the West Bengal Board of Primary Education. The institution should arrange for completion of the aforesaid 180 teaching days, if necessary, by holding special classes for already admitted students as a special case for the academic session 2009-2010.
This order is being passed only to protect the academic interests of the innocent students who were admitted by the authorised representative of the West Bengal Board of Primary Education for the academic session 2009-2010 in the aforesaid Institution.
However, we make it clear that the aforesaid direction will not create any precedence in future in respect of any other institutions including the present institution.
With the aforesaid directions, the impugned judgment and order under appeal passed by the learned single Judge is set aside and this application stands allowed.
The aforesaid order virtually disposes of the appeal. Therefore, the appeal is also treated as on day's list and disposed of accordingly.
In the facts of the present case, there will be, however, no order as to costs.
5
Let a xerox plain copy of this order, duly countersigned by the Assistant Registrar (Court), be given to the parties on usual undertakings.
( Pranab Kumar Chattopadhyay,J.) ( Md. Abdul Ghani, J. )