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IN THE HIGH COURT OF JUDICATURE AT PATNA
ASHUTOSH KUMAR, ANJANI KUMAR SHARAN, JJ.
Prabha Kumari D/o. Chandra Shekhar Kumar & Ors. - Appellants
Versus
The State of Bihar & Ors. - Respondents
Letters Patent Appeal No.222 of 2020 In Civil Writ Jurisdiction Case No.2589 of 2020 with Letters Patent Appeal No.293 of 2020 In Civil Writ Jurisdiction Case No.3936 of 2019
Decided On : 07-03-2022
NCTE (Recognition Norms and Procedure) Regulation, 2014 – Clause 8(X) – Grant of delayed recognition to Institute for conducting B.Ed. course of two years – Under Clause 8(X) of 2014 Regulation of NCTE, examining body is under obligation to grant affiliation after issue of formal recognition, subject to Rules and Regulations framed in that regard by concerned examination taking body/affiliation giving body – Institute had submitted requisite application for affiliation three months after cut-off date and had taken admission of students much before affiliation was granted by Board – No flaw with decision of Single Judge in spelling out such distinction and not acceding to request of either Institute or students for granting affiliation and validating admission for session 2017-19 – Even though ultimate victims are innocent students but that cannot ever be a ground for validating such wrong admissions – Such wrongful admissions in Institutes have to stop – Since Institute did not have necessary affiliation for taking admission of these students, their having written examination does not create any right in them to continue as students of Institute for session 2017-19 – Institute, to avoid any future tortious claim of students, would be well-advised to return fee to those students – Appeals dismissed. (Paras 25, 39 and 41 to 44)
JUDGMENT :
Ashutosh Kumar, J.
1. We have heard Smt. Nivedita Nirvikar, learned Senior Advocate for the appellants in both the appeals and Mr. Satyabir Bharti and Mr. Sunil Kumar Singh for Bihar School Examination Board and National Council for Teacher Education respectively.
2. The National B.Ed college of Higher Education (hereinafter called ‘the Institute’) in the district of Patna has been established under the Jeevan Jyoti Educational and Social Welfare Trust, registered under the Trust Act, 1993. The Eastern Regional Committee of the National Council of Teachers Education (hereinafter called ‘the NCTE’) has issued a final order granting recognition to the aforesaid Institute on 02.05.2017 for conducting B.Ed course of two years duration for Session 2017-19 for hundred (100) students but subject to the condition of fulfillment of all other requirements as may be prescribed by any other regulatory body like UGC, affiliating University/body, the State Government etc. as applicable.
3. The intimation of recognition clearly specifies that the Institute shall take admissions only after it obtains affiliation from the examining body in terms of Clause 8(X) of the NCTE (recognition norms and procedure) Regulation, 2014 (hereinafter called ‘the Regulation of 2014’).
4. The Institute thereafter made an application to the Secretary of Bihar School Examination Board (hereinafter called ‘the Board’), the examination taking body, for affiliation on 31.07.2017 for the academic session 2017-19. The Institute was asked for the affiliation fee as well as the spot verification fee on 14.09.2017, which was paid on 16.10.2017. However, no order for affiliation was passed by the Board for the aforesaid academic session. It was only on 03.01.2018 that an order came to be passed by the Board granting affiliation to the Institute for the academic session 2018-20 for two years D.El.Ed. course and not for the session 2017-19.
5. The appellants of LPA No. 222/2020 (Prabha Kumari & Ors.) had taken admission in the aforesaid Institute for session 2017-19 for D.El.Ed. course. They moved before the High Court vide CWJC No. 16962/2019 for a direction to the Board to grant affiliation to the Institute for the academic session 2017-19 as also for holding the examination for the aforesaid session.
6. The aforesaid writ petition was disposed of by order dated 20.08.2019 directing the Board to consider their claim in terms of the judgment dated 28.03.2019 passed in CWJC No. 19046 of 2018 (Rajendra Kishore B. Ed. College, Siwan and Ors.) and accord to the petitioners/appellants/students the same benefit so that they may not suffer adversely.
7. The Board vide its order dated 13.09.2019, considered the case of the students (appellants in LPA No. 222 of 2020) and rejected their claim for granting affiliation to the Institute for session 2017-19 on the ground that the judgment of the Supreme Court in Maa Vaishno Devi Mahila Mahavidyalaya vs. the State of Uttar Pradesh 2013 (2) SCC 617 clearly forbade any breach in the timeline provided therein in matters of recognition and affiliation. It was also noted by the Board that the application for affiliation was filed by the Institute on 04.08.2017 which was way beyond the cut-off date. The case of the petitioners in CWJC No. 19046 of 2018 (Rajendra Kishore B. Ed. College, Siwan & Ors. vs. BSEB & Ors.) was different from the case of these students. The petitioners/institutes in CWJC No. 19046/2018 had been granted recognition by NCTE for academic session 2016-18, whereas the Institute in the present set of appeals was given recognition for the session 2017-19.
8. The aforesaid decision of the Board dated 13.09.2019 referred above was put to challenge in CWJC No. 2589 of 2020.
9. The Board also reviewed the case of the Institute for granting affiliation from session 2017-19 but after consideration of each and every aspect of the matter, found that because of the late deposit of application for affiliation by the Institute, no cha
Point of Law : State actions are required to be non-arbitrary and justified on the touchstone of Article 14 of the Constitution. Action of the State or its instrumentality must be in conformity with ....
The purpose of “recognition” and “affiliation” is different. In the context of the N.C.T.E. Act, “affiliation” enables and permits an institution to send its students to participate in the public exa....
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