Rameshwar Singh Teacher Training College, At + P.O. - Pandey Parsawan v. Magadh University, Bodh Gaya
Case at a glance
- Bench
- VIKASH JAIN
Outcome
Allowed
This application is allowed
Provisions considered
- NCTE Act, 1993 s. 14(6)(a)
Key paragraphs
- Para 33. In the aforesaid orders, it has been observed as follows:- It has been submitted by the counsel for the petitioner that once NCTE has granted recognition to the institution, University can not keep the matter pending. In this regard, the counsel for the petitioner…
Judgment
.... .... Respondent/s ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER Appearance : For the Petitioner/s : Mr. Arun Kumar, Adv. : Mr. Bipin Kumar, Adv. : Mr. Anil Kr. Sinha, Adv. : Mr. S.N. Pathak, (Sr. S.C.C.G.) For the University For the N.C.T.E. ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER
30.11.2012 The petitioner College, has approached this Court for a direction to the respondent Magadh University to issue the order of permanent affiliation to the petitioner institution in terms of Section 14 (6) (a) of the NCTE Act, 1993, now that recognition has been granted to it by the Eastern Regional Committee by its order dated 29.6.2012 for conducting B.Ed. course of secondary level of one year duration with an annual intake of 100 (one hundred) from the Academic Session 2012-2013. Patna High Court CWJC No.21113 of 2012 (2) dt.30-11-2012
Learned counsel for the petitioner submits that the matter stands squarely covered by order dated
19.7.2010 passed in C.W.J.C. No. 10603 of 2010 (Chaurasia Raj Kishore College, Hajipur Vs. The State of Bihar and Ors.) and also by the order dated 09.08.2012 passed in C.W.J.C. No. 9383 of 2011 (S.A. College of Education, Nalanda Vs. N.C.T.E. & Ors.) passed under similar circumstances.
Operative part
In the aforesaid orders, it has been observed as follows:-
It has been submitted by the counsel for the petitioner that once NCTE has granted recognition to the institution, University can not keep the matter pending. In this regard, the counsel for the petitioner has referred the decision reported in 2006 Vol. 9 SCC Page-1 (State of Maharastra Versus Sant Dhyaneshwar Shiksha Shastra Maha Vidyalaya & ors.) The counsel for the University, since has not received any instruction, is not in a position to say the reason behind delay in granting the permanent affiliation petitioner institution. The counsel appearing NCTE has also supported the stand taken by the petitioner, especially in terms of the decision of the Hon’ble Supreme Court. This application is being allowed, directing the Registrar, B.R.A. Bihar University issue an Order, granting permanent affiliation in favour of the petitioner’s institution within 10 days from the date of production/ communication of this Order. In the meantime, the institution will take admission of the students and will continue to run the institution in anticipation of the grant of affiliation by the University in favour of the petitioner. This application is allowed.
Patna High Court CWJC No.21113 of 2012 (2) dt.30-11-2012
After hearing the parties, the present writ petition is also allowed in line with the aforesaid orders of this Court. Fahad. (Vikash Jain, J.)
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: This application is allowed
Which statutory provisions did this judgment involve?
NCTE Act, 1993 — s. 14(6)(a).
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.