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ASHUTOSH KUMAR, ANJANI KUMAR SHARAN
Prabha Kumari D/o. Chandra Shekhar Kumar – Appellant
Versus
State of Bihar – Respondent
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
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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