2020 Supreme(Pat) 575
IN THE HIGH COURT OF PATNA
Mohit Kumar Shah, J.
National B. ED College Of Higher Education Village - Appellant
Vs.
The State Of Bihar And Others - Respondent
Civil Writ Jurisdiction Case No. 3936 of 2019
Decided On : 13-08-2020
Advocate Appeared:
For the Appellant : Mr. Niranjan Kumar, Adv.
For the Respondent: Mr. Kameshwar Kumar, Mr. Sunil Kr. Singh, Adv. Mr. Ranvijay Singh, Adv.
Headnote:
National Council for Teacher Education (Recognition Norms & Procedure) Regulations, 2014 – Regulation 5(5) – Petition by B.Ed. seeking grant of affiliation from academic session 2017-19 instead of Session 2018-20 – Issuance of "No objection Certificate" by respondent Board to petitioner college for purposes of conducting D.El.Ed. Programme, before getting recognition, itself is a certificate of fact that Board was satisfied that petitioner training institution satisfies all statutory requirements and same also is foundation of grant of recognition by NCTE under NCTE (Recognition Norms & Procedure) Regulation, 2014 whereupon NCTE had also granted affiliation to petitioner training institution in exercise of powers vested under Section 14(3) (b) of NCTE Act, 1993 for conducting D. El. Ed. Course of two years' duration, having strength of 100 students from academic session 2017-19 – Respondent Board cannot refuse to grant affiliation, once recognition has been granted by NCTE – However, petitioner institution could not be granted affiliation for Session 2017-18, since granting affiliation for Session 2017-18 would have amounted to disobeying and violating schedule fixed by Apex Court – Petitioner institution had illegally taken admission for Sessions 2017-19 pertaining to B. EL. Ed. Programme even though it had not been granted affiliation by respondent Board – Writ petition dismissed. (Paras 16, 18 and 19)
JUDGMENT :
1. The present writ petition has been filed by the petitioner- college, namely, National B. Ed. College of Higher Education for directing the respondent authorities to grant affiliation from the academic session 2017-19 instead of Session 2018-20 pursuant to grant of recognition dated 02.05.2017 issued by the respondent no. 9 i.e. the Eastern Regional Committee- National Council for Teachers Education, Bhubaneswar in exercise of powers vested under Section 14(3) (b) of the NCTE Act, 1993 as well as under Clause-7 (16) of NCTE (Recognition Norms & Procedure) Regulations, 2014 (In short "Regulations 2014"), for the purposes of conducting D. EL. Ed. Programme of two years duration with an annual intake of 100 students (two basic Unit) from the academic session 2017-19. It is further prayed that the concerned respondents be directed to accept examination fee and form of the students of the petitioner college for D.EL. Ed. course for the academic session 2017-19.
2. The brief facts of the case are that the petitioner college is a recognized unit by the respondent no.9 for conducting D.EL. Ed. Programme from academic session 2017-19 with an annual intake of 100 (two basic unit) students. It is stated that the petitioner- college, in accordance with the regulations, had made an application to the respondent no.5 i.e. the Bihar School Examination Board for grant of 'No objection certificate' for imparting D.EL. Ed. Programme, whereafter 'no objection certificate' was granted by the Secretary, Bihar School Examination Board (hereinafter referred to as "the Board" vide letter dated 18.05.2016 in favour of the petitioner- colllege, whereafter the petitioner had applied online on 30.05.2016 before the respondent no. 9 for grant of recognition/ permission to the petitioner college for conducting D.EL. Ed. Programme in terms of the NCTE Act, 1993 and the aforesaid Regulations, 2014. The respondent no. 9 had then sent an inspecting team to the petitioner college and inspection was conducted, whereafter the case of the petitioner was placed in 239th meeting of the respondent no. 9 for the purposes of grant of recognition/ permission to the petitioner college for conducting the D.EL. Ed. Programme. After scrutiny of the application of the petitioner college and after full satisfaction, the respondent no.9 had issued a letter dated 02.05.2017 granting recognition to the petitioner college for conducting D. EL. Ed. Programme for two years duration with an intake of 100 students from academic sessions 2017-19. Accordingly, the petitioner had then made an application on 31.07.2017 before the Board, annexing a copy of the recognition order granted by the NCTE, praying therein for grant of recognition to the college from the academic sessions 2017-19, whereafter the NCTE had sent a letter dated 14.09.2017 to the petitioner college asking it to deposit affiliation fee along with spot verification fee, which the petitioner college had deposited promptly. It is submitted that the case of the petitioner college was being kept pending by the respondent Board without any reason inasmuch as it was incumbent upon the respondent Board to honour the affiliation granted by the NCTE being the examining body and grant affiliation to the petitioner college in pursuance to the recognition granted by the NCTE. Ultimately, the respondent no.8 vide letter dated 03.01.2018 granted affiliation to the petitioner college from the academic sessions 2018-20 instead of the academic sessions 2017-19. It is submitted that the respondent Board has issued a communique dated 15.02.2019 in the daily newspaper for registration of the D.EL. Ed. students for academic sessions 2014-16, 2015-17 and 2016-18. As far as in service candidates are concerned, their registration has to be completed in between 16.02.2019 to 22.02.2019 and the last date of registration of D.EL. Ed