Patna High Court
Rajendra Kishori B. Ed. College vs Jai Prakash University & Ors on 2 March, 2017
Author: Ravi Ranjan
Bench: Ravi Ranjan
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16062 of 2016
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Rajendra Kishori B. Ed. College, Sughari, Bhagwanpur, Siwan through its
Chairman, Arun Kumar Singh, Son of Late Rama Shankar Singh Resident of LF-
38, Shri Krishna Puri, Boring Road, P.S.- Krishnapuri, District- Patna.
.... .... Petitioner
Versus
1. Jai Prakash University, Rahul Sanskrityayan Nagar, Chapra through its
Registrar.
2. The Vice Chancellor, Jai Prakash University, Rahul Sanskrityayan Nagar,
Chapra.
3. The Registrar, Jai Prakash University, Rahul Sanskrityayan Nagar, Chapra.
4. National Council for Teacher Education, Hans Bhawan Wing II, Bahadurshah
Zafar Marg, New Delhi- 110002 through its Member Secretary.
5. The Member Secretary, National Council for teacher Education, Hans Bhawan
Wing II, Bhadurshah Zafar Marg, New Delhi- 110002.
6. The Regional Director, National Council for Teacher Education, Eastern
Regional Committee, 15 Neelkantha Nagar, Nayapalli, Bhubneshwar- 751012.
.... .... Respondents
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Appearance :
For the Petitioner/s : Mr. Arun Kumar, Advocate
For the University : Mr. Hansraj, Advocate
For the NCTE : Mr. Sunil Kumar Singh, Advocate
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CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN
ORAL JUDGMENT
Date: 02-03-2017 Heard learned counsel for the petitioner, J.P. University and NCTE.
The grievance of the petitioner is that though the National Council for Teacher Education has already granted recognition to the petitioner's institution for conducting B.Ed course with an annual intake of 100 from the Academic Session 2014-2015 and, thereafter, the petitioner duly applied to the J.P. University for grant of permanent affiliation so that institution could be run and has Patna High Court CWJC No.16062 of 2016 dt.02-03-2017 2/3 submitted requisite fee etc. to the University, the University is sitting tight over the matter as neither the University is inspecting the institution nor is taking any decision.
It is contended that since the Institution has been recognized by the NCTE, it is almost obligatory and mandatory for the concerned University to grant permanent affiliation as per Section 14 (6) (a) of the NCTE Act. In support of aforesaid submission, the petitioner refers a decision rendered in State of Maharashtra Versus Sant Dhyanenshwar Shiksha Shastra Maha Vidyalaya and Ors. [2006 (9) SCC 1] as well as a decision of a coordinate Bench of this Court dated 19.07.2010 rendered in CWJC No.10603 of 2010, a copy of which has been appended as Annexure-7.
No counter affidavit has been filed till date by the respondents, however, the issue that the recognition has been granted by the NCTE to the petitioner's institution is not refuted by any of the parties including the NCTE.
Accordingly, this writ application stands disposed of directing the Registrar, J.P. University (Respondent no.3) to consider the permanent affiliation of the petitioner's institution from academic session 2014-15 in accordance with law laid down by the Apex Court as well as coordinate Bench of this Court (Annexure-7) within a period of two weeks from the date of receipt/production of a copy of Patna High Court CWJC No.16062 of 2016 dt.02-03-2017 3/3 this order as nothing has been done since 2013.
(Dr. Ravi Ranjan, J) V.K. Pandey/-
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