PATNA HIGH COURT
S.S.Sandhawalia, Birendra Prasad Sinha and S.Shamsul Hasan JJ.
Managing Committee Of Maulana Mazharul Haque Primary Teachers Education And Bachelor Of Education College, Kortonha, Hajipur
Versus
State Of Bihar
Civil Writ Jurisdiction Case No. 2777 of 1986 ;
Decided On : DECEMBER 11, 1986
Recognition - Educational Institution - The court directed the respondents to take requisite steps and decide on the recognition of the petitioner institution within three months.
Fact of the Case:
The petitioner sought recognition for their educational institution and permission for students to appear in an examination. They alleged delay in the recognition process, causing hardship to the students.
Finding of the Court:
The court directed the respondents to take necessary steps and decide on the recognition of the petitioner institution within three months.
Issues:
Ratio Decidendi: The court emphasized the need for timely recognition of educational institutions and directed the respondents to act in accordance with the law.
Final Decision: The petition was disposed of without any order as to costs.
S.S.SANDHAWALIA, J.
1. In his reference to the larger Bench it is now unnecessary and indeed would be wasteful to recount the facts in any great detail. Suffice it to mention that the petitioner Managing Committee of Maulana Mazharul Haque Primary Teachers Education and Bachelor of Education College, Kortonha, Hajipur, primarily seek the recognition of their institution and to allow the students thereof for the session of 1983-85 to appear in the Primary Teachers Training Examination conducted by the Bihar School Examination Board. It has been averred that after the establishment of the college a letter dated the 23rd of April, 1983 (Annexure-2) was written by the Secretary of the college to the District Education Officer, Vaishali, and another communication of the same date (Annexure-2A) to the Director of Education Research and Training, Bihar, Patna, praying for requisite action for the recognition of the institution. The main grievance of the petitioner is that despite the aforesaid letters and several reminders to the respondents no steps are being taken to get the college inspected and its consequential recognition thereafter. It is further the case that grave hardship on the students of the institution ensued because of the absence of such recognition.
2. Mr. J.N.P. Sinha, learned Counsel appearing for the respondent State, has taken the fair stand that there has been some apparent delay in consideration of the petitioners case for recognition and a decision thereon. It will further seem that the binding precedent in Managing Board of the Milli Talimi Mission, Bihar, Ranchi V/s. State of Bihar, AIR 1984 SC 1757 would be attracted to the situation.
3. In the light of the above, we direct the respondents to take the requisite steps and decide the question of the recognition of the petitioner institution in accordance with law within three months.
4. With the aforesaid direction the petition is disposed of without any order as to costs.
BIRENDRA PRASAD SINHA, J.
5 I agree.
S.SHAMSUL HASAN, J.
6 I agree.
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