Patna High Court
Case Details
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.15547 of 2013 ====================================================== M.B. Teacher'S Training College, Dhrub Nagar, Panch Mile, P.O. Kamaldah, P.S.- Bathnaha, District- Sitamarhi Through Its Secretary, Dhruv Kishore Mahto Son Of Shri Jugeshwar Mahto Resident Of Village- Karahrba, P.S.- Sonbarsa, District- Sitamarhi, Bihar, .... .... Petitioner Versus 1. The State Of Bihar Through Principal Secretary, Human Resources Development Department, Govt. Of Bihar, New Secretariat, Patna 2. The Director, Higher Education, Govt. Of Bihar, New Secretariat, Patna 3. The Director Administration-Cum-Joint Secretary, Human Resources Development Department, Government Of Bihar, New Secretariat, Patna 4. B.R. Ambedkar Bihar University, Muzaffarpur Through The Vice Chancellor 5. Vice Chancellor, B.R. Ambedkar Bihar University, Muzaffarpur 6. The Registrar, B.R. Ambedkar Bihar University, Muzaffarpur 7. N.C.T.E., Hans Bhawan, Bahadur Shah Zafar Marg, New Delhi Through Its Chairman 8. Chairman, N.C.T.E., Hans Bhawan, Bahadur Shah Zafar Marg, New Delhi 9. The Regional Director, Eastern Regional Committee, N.C.T.E. Bhubhaneshwar, Orissa .... .... Respondents ====================================================== with Civil Writ Jurisdiction Case No.15539 of 2013 ====================================================== Chandrasheel College Of Education, Village And P.O.- Kanti, P.S.- Kanti, District- Muzaffarpur, Bihar Through Its Secretary Rajeev Ranjan, Son Of Shri Chandra Shekhar Dwivedi, Resident Of Village And P.S. Kanti, District- Muzaffarpur, Bihar, .... .... Petitioner Versus 1. The State Of Bihar Through Principal Secretary, Human Resources Development Department, Govt. Of Bihar, New Secretariat, Patna 2. The Director, Higher Education, Govt. Of Bihar, New Secretariat, Patna 3. The Director Administration-Cum-Joint Secretary, Human Resources Development Department, Government Of Bihar, New Secretariat, Patna 4. B.R. Ambedkar Bihar University, Muzaffarpur Through The Vice Chancellor 5. Vice Chancellor, B.R. Ambedkar Bihar University, Muzaffarpur 6. The Registrar, B.R. Ambedkar Bihar University, Muzaffarpur 7. N.C.T.E., Hans Bhawan, Bahadur Shah Zafar Marg, New Delhi Through Its Chairman 8. Chairman, N.C.T.E., Hans Bhawan, Bahadur Shah Zafar Marg, New Delhi 9. The Regional Director, Eastern Regional Committee, N.C.T.E. Bhubhaneshwar, Orissa, .... .... Respondents ======================================================
Legal Reasoning
Patna High Court CWJC No.15547 of 2013 (4) dt.09-09-2013 2
Legal Reasoning
with Civil Writ Jurisdiction Case No.15544 of 2013 ====================================================== Balmiki Teachers Training College, Plot No. 28, Village- Shanjahanpur, P.O.- Baluka Ram, Tehsil/Taluka- Vaishali, Town/City- Vaishali, District- Vaishali, Bihar- 844124 Through Its Chairman Sudhir Kumar Singh, Son Of Sri Balmiki Singh, Resident Of 103, Kaushallya Residency, Tarkeshwar Path, Nageshwar Colony, P.S.- Budha Colony, District- Patna, .... .... Petitioners Versus 1. The State Of Bihar Through Principal Secretary, Human Resources Development Department, Govt. Of Bihar, New Secretariat, Patna 2. The Director, Higher Education, Govt. Of Bihar, New Secretariat, Patna 3. The Director Administration-Cum-Joint Secretary, Human Resources Development Department, Government Of Bihar, New Secretariat, Patna 4. B.R. Ambedkar Bihar University, Muzaffarpur Through The Vice Chancellor 5. Vice Chancellor, B.R. Ambedkar Bihar University, Muzaffarpur 6. The Registrar, B.R. Ambedkar Bihar University, Muzaffarpur 7. N.C.T.E., Hans Bhawan, Bahadur Shah Zafar Marg, New Delhi Through Its Chairman 8. Chairman, N.C.T.E., Hans Bhawan, Bahadur Shah Zafar Marg, New Delhi 9. The Regional Director, Eastern Regional Committee, N.C.T.E. Bhubhaneshwar, Orissa, .... .... Respondents ====================================================== with Civil Writ Jurisdiction Case No.15753 of 2013 ====================================================== J.R.A. Teachers Training College, Village Keshopur, P.O. Balukaram, P.S. Vaishali, District - Vaishali, District - Vaishali, Bihar Through Its Secretary Jugeshwar Ray Son Of Late Ram Pratap Ray Resident Of Village - Gorigama, P.O. Mahua, P.S. Mahua, District - Vaishali, Bihar, .... .... Petitioner Versus 1. The State Of Bihar Through Principal Secretary, Human Resources Development Department, Govt. Of Bihar, New Secretariat, Patna 2. The Director, Higher Education, Govt. Of Bihar, New Secretariat, Patna 3. The Director Administration - Cum - Joint Secretary, Human Resources Development Department, Government Of Bihar, New Secretariat, Patna 4. B.R. Ambedkar Bihar, University, Muzaffarpur Through The Vice Chancellor 5. Vice Chancellor, B.R. Ambedkar Bihar, University, Muzaffarpur 6. The Registrar, B.R. Ambedkar Bihar, University, Muzaffarpur 7. N.C.T.E., Hans Bhawan, Bahadur Shah Zafar Marg, New Delhi Through Its Chairman 8. Chairman, N.C.T.E., Hans Bhawan, Bahadur Shah Zafar Marg, New Delhi 9. The Regional Director, Eastern Regional Committee, N.C.T.E. Bhubhaneshwar, Orissa, .... .... Respondents ====================================================== Patna High Court CWJC No.15547 of 2013 (4) dt.09-09-2013 3 with Civil Writ Jurisdiction Case No.15420 of 2013 ====================================================== Ramshrestha Singh College (Teacher Training Wing), Village- Chochahan, P.O.- Anirudh Belsar, District- Muzaffarpur, Bihar Through Its Deputy Chairman, Rajeev Ranjan, Son Of Sri Baidyanath Shukla, Resident Of Village- Jaganpura, Majhauli, P.S.- Belsar (Vaishali), District- Vaishali, Bihar, .... .... Petitioner Versus 1. The State Of Bihar Through Principal Secretary, Human Resources Development Department, Govt. Of Bihar, New Secretariat, Patna 2. The Director, Higher Education, Govt. Of Bihar, New Secretariat, Patna 3. The Director Administration-Cum-Joint Secretary, Human Resources Development Department, Government Of Bihar, New Secretariat, Patna 4. B.R. Ambedkar Bihar University, Muzaffarpur Through The Vice Chancellor 5. Vice Chancellor, B.R. Ambedkar Bihar University, Muzaffarpur 6. The Registrar, B.R. Ambedkar Bihar, University, Muzaffarpur 7. N.C.T.E., Hans Bhawan, Bahadur Shah Zafar Marg, New Delhi, Through Its Chairman 8. Chairman, N.C.T.E., Hans Bhawan, Bahadur Shah Zafar Marg, New Delhi 9. The Regional Director, Eastern Regional Committee, N.C.T.E. Bhubhaneshwar, Orissa, .... .... Respondents ====================================================== with Civil Writ Jurisdiction Case No.16255 of 2013 ====================================================== Paramount Teacher'S Training College, Village - Silout (Bimal) District Muzaffarpur, Bihar Through Its Chairman, Arun Kumar Thakur Son Of Late Deokinandan Thakur Resident Of Shankar Nagar Ramna, P.S. - Mithanpura, District - Muzaffarpur, Bihar, .... .... Petitioner Versus 1. The State Of Bihar Through Principal Secretary, Human Resources Development Department, Govt. Of Bihar, New Secretariat, Patna 2. The Director, Higher Education, Govt. Of Bihar, New Secretariat, Patna 3. The Director Administration-Cum-Joint Secretary, Human Resources Development Department, Government Of Bihar, New Secretariat, Patna 4. B.R. Ambedkar Bihar University, Muzaffarpur Through The Vice Chancellor 5. Vice Chancellor, B.R. Ambedkar Bihar University, Muzaffarpur 6. The Registrar, B.R. Ambedkar Bihar University, Muzaffarpur 7. N.C.T.E., Hans Bhawan, Bahadur Shah Zafar Marg, New Delhi Through Its Chairman 8. Chairman, N.C.T.E. , Hans Bhawan, Bahadur Shah Zafar Marg, New Delhi 9. The Regional Director, Eastern Regional Committee, N.C.T.E. Bhubhaneshwar, Orissa, ====================================================== with .... .... Respondents Patna High Court CWJC No.15547 of 2013 (4) dt.09-09-2013 4 Civil Writ Jurisdiction Case No.17045 of 2013 ====================================================== Vishun Rajdeo Teachers Training College, Kiratpur Rajaram, P.O- Bhagwanpur, District- Vaishali Through Its Secretary, Amit Kumar S/O Rajdeo Roy Kiratpur Rajaram, Bhagwanpur, Vaishali, .... .... Petitioner Versus 1. The State Of Bihar, Through Principal Secretary, Human Resources Development Department, Govt. Of Bihar, New Secretariat, Patna. 2. The Director High Education, Govt. Of Bihar, New Secretariat, Patna. 3. The Director Administration- Cum- Joint Secretary, Human Resources Development Department, Govt. Of Bihar, New Secretariat, Patna 4. The Vice Chancellor, B.R. Ambedkar Bihar, University, Muzaffarpur. 5. The Registrar, B.R. Ambedkar Bihar, University, Muzaffarpur. 6. The Member Secretary, N.C.T.E. Hans Bhawan, B Ahadur Shah Zafar Marg, New Delhi. 7. The Regional Director, Eastern Regional Committee, N.C.T.E. Bhubaneswar, Orissa, .... .... Respondents ====================================================== Appearance : For the Petitioners: Mr. Chittaranjan Sinha, Sr. Advocate, M/s Sanjeet Kumar and Sunil Kumar Singh, Advocates For the BRA Bihar University: Mr. Harendra Kumar Tiwary, Advocate For the State: Mr. Pankaj Kumar, AC to GA 8 Mr. Md. Shahab Khan, AC to SC III Mr. Sanjay Kumar, AC to SC I Mr. S.N. Pathak, Advocate For the NCTE: ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 4 09-09-2013 I have heard learned counsel for the petitioners, BRA Bihar University, the State and the NCTE. It is admitted position that the facts are identical in all the writ petitions and as such, the same are being considered and
Decision
disposed of by a common order. Petitioners-Institutions seek direction to the respondent- University for grant of affiliation to B.Ed. course. It is common case of the petitioners that they have been granted affiliation by Patna High Court CWJC No.15547 of 2013 (4) dt.09-09-2013 5 the NCTE in the year 2012 for the academic session 2012-13. However, though the matter had been considered by the New Teaching Programme Committee, which has approved the same to be placed before the Academic Council and finally approved by the syndicate of the BRA Bihar University, Muzaffarpur but a final decision could not be taken even after lapse of about a year from the date when the petitioners had approached the respondent- University for grant of such affiliation. Learned counsel for the petitioners submitted that the writ petitions can be disposed of in terms of the order dated 01.08.2013 passed in C.W.J.C. No. 13275 of 2013 by this Court by which, in view of an earlier decision of a Single Bench of this Court as well as decision of the Apex Court rendered in State of Maharashtra V. Sant Dnyaneshwar Shikshan Shastra Mahavidyalaya [(2006) 9 Supreme Court Cases, 1], a direction was given to the respondent-BRA Bihar University to grant affiliation in favour of the petitioner’s institution within four weeks. However, it is jointly submitted that the decision of the Supreme Court rendered in Maa Vaishno Devi Mahila Mahavidyalaya v. State of Uttar Pradesh and others [(2013) 2 Supreme Court Cases, 617] could not be brought to the notice of this Court by the parties at that point of time and such was not considered. In the aforesaid decision it has been observed Patna High Court CWJC No.15547 of 2013 (4) dt.09-09-2013 6 in paragraph 87.3 that any recognition or affiliation granted after the cut off date shall be valid for the academic session 2014-15 only. However, it is submitted on behalf of the petitioners that the aforesaid judgment was modified vide order dated 18.06.2013 passed in I.A. No. 2 in Civil Appeal No. 9078 of 2012 and thereafter again vide order dated 28.06.2013 passed in I.A. No. 8 in Writ Petition (Civil) No. 276 of 2012 by extending the date. In above view of the matter, these writ applications are being disposed of with a direction to the Registrar-BRA Bihar University to consider and decide the issue of affiliation of the petitioners-Institutions in terms of pronouncement of the Supreme Court in State of Maharashtra V. Sant Dnyaneshwar Shikshan Shastra Mahavidyalaya (supra), Maa Vaishno Devi Mahila Mahavidyalaya (supra) and the modification of the earlier order passed in the aforesaid case by the Apex Court in I.A. No. 2 in Civil Appeal No. 9078 of 2012 and I.A. No. 8 in Writ Petition (Civil) No. 276 of 2012 within three weeks from the date of receipt/production of a copy of this order. SC/- (Dr. Ravi Ranjan, J)