The main legal point established in the judgment is that the provisions of Section 16 of the NCTE Act, 1993 should not be interpreted as retrospective, particularly in cases where it would cause undue hardship and injustice to the students of institutions with pre-existing recognition.

SHIVA KIRTI SINGH, J.

1. The order dated 06-12-2006 whereby a learned single Judge of this Court dismissed writ petition preferred by the appellants bearing CWJC No. 11428 of 2006 in limine on the ground of delay, latches, negligence and acquiescence is under challenge in the Letters Patent Appeal which has been heard together with a connected writ petition.

2. The writ petition has been preferred by the Principal of the Institution which is appellant No. 1 in the appeal, challenging a letter bearing No. 90 dated 09-04-2009 issued by the Home Resources Development, Government of Bihar whereby an earlier departmental letter contained in Memo No. 254 dated 04-09-1997 (Annexure 3 to the writ petition and Annexure 4 to the L.P.A.) under which the Institution/College was granted recognition, has been cancelled on the ground that the recognition was granted contrary to bar created by Section 16 of the National Council for Teacher Education Act, 1993 (NCTE Act, 1993). As per the writ petitioner, the impugned order dated 09-04-2009 is misconceived and against the principles of natural justice because it was issued without any notice or opportunity of hearing to the petitioner. The main issues arising for determination in the appeal as well as in the writ petition are same and relate to the same Institution/College, hence both were heard together and shall be disposed of by this common judgment and order.

3. The prayer in the earlier writ petition leading to the Letters Patent Appeal was for a direction to the respondent, Bihar School Examination Board to hold Primary Teachers Training Examination of the students of Dr. Zakir Hussain Primary Teachers Education College (hereinafter referred to as the College) for academic sessions 1984-86 to sessions 1994-96 after issuing examination forms, admit cards and to publish their results. The main averments in the writ petition were to the effect as follows. Sultanganj area in the town of Patna is thickly populated by Muslim community who established a registered society for promoting education amongst the Muslim society. The society established Dr. Zakir Hussain Primary Teachers Education College, Sultanganj, Patna, the appellant No. 1 in the year 1975 and applied to the Director, Research and Training, Government of Bihar for grant of recognition. The College admitted students but since no reply was given to the application for recognition, it preferred three writ petitions during the years 1983 to 1985 for grant of recognition to the College and to permit their students to appear in the Primary Teachers Training Examination. Those writ petitions were disposed of by judgment/order dated 28th January 1993 (Annexure 1 to the appeal). The State Government was directed to dispose of the application for recognition within three months. The students had allegedly completed their course as per syllabus for the academic sessions in question but no examination was taken by the Bihar School Examination Board (hereinafter referred to as the Board) in spite of representations. In the meantime NCTE Act, 1993 came into force w.e.f. 17th August 1995. The Institution, in view of provisions of the Act did not admit any student than those who had already been admitted for the sessions 1994-1996. According to appellants, the authorities delayed the decision in spite of judgment and order dated 28-01-1993 but ultimately vide letter contained in Memo No. 67 dated 26th April 1995 issued under the signature of Director, Research and Training, Government of Bihar, Patna granted approval/recognition for the sessions 1979-1981 to 1994-1996. That letter is Annexure-2 to the appeal. Through letter bearing No. 24 dated 06-02- 1997 the Director informed the Secretary of the Board that State Government had granted recognition to 14 Institutions and the enclosed list included the name of the appellant Institution at Serial No. 12 showing recognition from 1979-81 to 1994-1996. Again by a letter bearing Memo No. 254