Patna High Court - Orders
Nalanda Mahila Shikshak Prashikshan ... vs National Council For Teachers ... on 12 March, 2021
Author: Chakradhari Sharan Singh
Bench: Chakradhari Sharan Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7858 of 2020
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Nalanda Mahila Shikshak Prashikshan Mahavidayalaya, Plot No. 1340, Street
No. NH 82, Vill/ P.O.- Dipnagar, Tehsil/ Taluka- Bihar Block (Town Block)
City - Biharsharif, District- Nalanda, Bihar through its Secretary Dr. Kumari
Padma, (F), aged about - 55 years, W/O of Shailender Kumar Vill. Dipnagar,
PO- Dipnagar, Tehshil/ Taluka- Bihar, Biharsharif, Dist- Nalanda, Bihar,
803111.
... ... Petitioner/s
Versus
1. National Council For Teachers Education, Hans Bhawan, Wingh II, 1
Bahadurshah Zafar Marg, New Delhi- 110002.
2. The National Council for Teachers Education (NCTE) Eastern Regional
Committee (ERC), NCTE- 15 Neelakantha Nagar, Nayapalli, Bhubaneshwar
through its Regional Director.
3. The Regional Director, Eastern Regional Committee (ERC), NCTE- 15
Neelakantha Nagar, Nayapalli, Bhubaneshwar.
4. The Patliputra University, Patna through its Vice Chancellor.
5. The Vice Chancellor, Patliputra University, Patna, Bihar.
6. The Registrar, Patliputra University, Patna, Bihar.
7. Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga through its
Registrar.
8. The Registrar, Lalit Narayan Mithila University Kameshwar Nagar,
Darbhanga.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.S.N. Pathak, Advocate
Mr.Prashant Kumar, Advocate
For the N.C.T.E : Mr.Sunil Kumar Singh, Advocate
For Patliputra University: Mr.(Dr.) Anand Kumar, Advocate
For Mithila University : Mr. Nadim Seraj, Advocate
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CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN
SINGH
ORAL ORDER
7 12-03-2021Following are the reliefs which the petitioner has sought in the present writ application :-
"(i) For quashing order F.No. ERC/268.14(i).23/ ERCAPP253/ B.Ed.2019/ 59633 dated 03.03.19 passed Patna High Court CWJC No.7858 of 2020(7) dt.12-03-2021 2/3 by Eastern Regional Committee National Council for Teachers Education (herein referred to as 'ERC, NCTE') so far the petitioner's college is concerned, whereby and whereunder the recognition granted to the petitioner college to run the B.Ed. Course has been withdrawn w.e.f. from the academic session 2019-20 and further for setting aside appellate order no-F.No.89-298E-126925/ 2019 Appeal /38th Mtg2019/ 28th November 2019 dated 23.12.2019.
(ii) For a direction to the respondent no-2 to consider the case of the petitioner in similar terms of order dated 06.08.2019 passed by this Hon'ble Court in CWJC No. 16089/2019.
(iii) For issuance of writ/s direction/s in the nature of mandamus commanding the Respondents 3, 4 and 5 to take decision with regard to the approval of expert members in the selection committee so that the appointment of faculty members in the institution in question may be completed at the earliest, decision at the level with the University in the matter of constitution of selection committee may be taken at the earliest.
(iv) For a direction to the concerned respondents to restore the recognition of the petitioner college.
(v) For a direction upon the concerned respondents to permit the petitioner college to take admission in B.Ed. Course in session 2019-20 and proceed accordingly."
This writ application was on filed on 17.09.2020. The Patna High Court CWJC No.7858 of 2020(7) dt.12-03-2021 3/3 petitioner is engaged in imparting education in Bachelor of Education (B.Ed.). With the lapse of time the writ application has lost its efficacy as the academic sessions have begun and admissions have already been taken.
Mr. Pathak, learned counsel appearing on behalf of the petitioner has submitted that the University has now approved the panel for appointment of qualified teacher.
Be that at it may, considering the facts and circumstances, this application is disposed of with an observation that if the petitioner applies for grant of recognition by the NCTE by making an application in accordance with law, the same shall be considered and appropriate order should be passed expeditiously, in any case, before commencement of the next academic session.
(Chakradhari Sharan Singh, J) Rajesh/-
U