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2010 Supreme(Pat) 2613

HEMANT KUMAR SRIVASTAVA, SHIVA KIRTI SINGH
Zakir Hussain Primary Teachers Education college, Sultanganj, Patna – Appellant
Versus
State Of Bihar – Respondent


JUDGEMENT

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
















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