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Dr. B. R. Ambedkar College Of Education & ... vs The State Of Bihar & Ors on 15 November, 2016
cites
State Of Rajasthan vs Lbs B.Ed. College . on 8 September, 2016
15. If what the Hon'ble Supreme Court has had to
say in the case of State of Rajasthan v. LBS B.ED College (supra)
and the law as stands today then the opposition, which has been
placed by the petitioners to the communication of the Chief
Secretary will have to be considered in the above light.
Maa Vaishno Devi Mahila Mahavidyalaya vs State Of U.P.& Ors on 13 December, 2012
"13. Yet again, another two-Judge Bench in
Maa Vaishno Devi Mahila Mahavidyalaya v. State of Uttar
Pradesh opined that Regulations framed under the Act
clearly show that upon receiving an application for
recommendation, the NCTE shall send a copy of the
application with its letter inviting
recommendations/comments of the State Government on all
aspects within a period of 30 days. To such application, the
State is expected to respond with its complete comments
within a period of 60 days. In other words, the opinion of the
State on all matters that may concern it in any of the
specified fields are called for. The Court observed that this is
14 Patna High Court CWJC No.9230 of 2016 (15) dt.15-11-2016
P14 / 19
the stage where the State and its Department should play a
vital role and they must take all precautions to offer proper
comments supported by due reasoning. Once these comments
are sent and the State Government gives its opinion which is
considered by the NCTE and examined in conjunction with
the report of the experts, it may grant or refuse recognition.
Once it grants recognition, then such grant attains
supremacy vis-à-vis the State Government as well as the
affiliating body. Normally, these questions cannot be re-
agitated at the time of grant of affiliation. Proceeding
further, it was held that once the University conducts
inspection in terms of its Statutes or Act, without offending
the provisions of the Act and conditions of recognition, then
the opinion of the State Government at the second stage is a
mere formality unless there was a drastic and unacceptable
mistake or the entire process was vitiated by fraud or there
was patently eminent danger to life of the students in the
school because of non-compliance of a substantive condition
imposed by either of the bodies but in the normal
circumstances, the role of the Stat is a very formal one and
the State is not expected to obstruct the commencement of
admission process and academic courses once recognition is
granted and affiliation is found to be acceptable.
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