1. All the three appeals are barred by limitation.

2. After having heard learned counsel for the parties and taking into consideration the averments made in the limitation petitions, we are satisfied that sufficient ground has been made out to condone the delay in filing these appeals. Accordingly, the delay in filing these appeals is condoned.

3. All the three appeals have been fifed by the B. N. Mandal University-appellant against the order passed by the learned Single Judge directing for holding B.Ed examinations of the students of Milia Fakhruddin Ali Ahmad Teachers Training College, Rambagh, Purnea (hereinafter referred to as the Milia College) and Muslim Minority Ahmadia B.Ed. College, Rampara, Katihar (hereinafter referred to as the Ahmadia College).

4. CWJC No. 12136 of 2000 has been filed by the students of Milia College in the B.Ed course for the Sessions 1997-98 and 1998-99 out of which LPA No. 579 of 2001 arises, CWJC No. 578 of 2001 has been filed by the students of Milia College in B.Ed course for the Sessions 1995-96 to 1996-97 out of which LPA No. 580 of 2001 arises and CWJC No. 912 of 2001 has been filed by the students of Ahmadia College for a direction to the appellant to hold B.Ed examination for the session 1999- 2000 and direction has been issued by the learned Single Judge by the impugned order which has been challenged in LPA No. 628 of 2001.

5. The appellant-University has challenged the orders passed by the learned Single Judge in the aforesaid three cases on the ground that recognition of the colleges in question has been cancelled by the Committee constituted under the provisions of the National Council for Teacher Education Act, 1993 (hereinafter referred to as the Act) which came into force on lst July, 1995. In terms of the provisions contained under Sections 14 and 16 of the said Act once the recognition has been cancelled students cannot be allowed to sit in the examination.

6. The materials on record show that so far as Milia College is concerned admittedly prior to coming into force of the Act recognition was granted by the State Government and it was also affiliated to the appellant-University. On the basis of certain allegation matter was enquired into by the order of Chancellor of the University and the case has been registered against the office bearer of the College. In terms of the provisions of the said Act, Milia College applied for recognition by filing a petition on 26.3.1997 and it appears that in terms of the provision, the Eastern Regional Committee (for short, ERC) allowed the Milia College to continue the B.Ed, course until the final disposal of its application and the same continued for academic session 1997-98 & 1998-99. It further appears that recognition was also granted for the academic session 1999-2000. Later on the Eastern Regional Committee visited the College and found certain irregularities and further found that the students for the sessions 1998-99 have not been admitted and stopped it from admitting the students. After consideration of the materials the recognition matter was finally decided and it was refused.

So far Ahmadia College is concerned it was also recognised and affiliated to the appellant University. After coming to the Act, the Ahmadia College applied for recognition and the said college was allowed to continue the B.Ed until final disposal of its application. Thereafter provisional recognition was granted for Sessions 1998-99 and 1999-2000. Lateron ERC found several deficiencies and finally cancelled the recognition.

7. Section 14 of the Act contains a provision with regard to recognition of institutions offering course or training in teacher education. It provides inter alia that every institution offering or intending to offer a course or training in teacher education on or after the appointed day may apply for recognition of the institution before the Regional Committee. Proviso to Section 14(1) provides that the institutions which are alr