MOHIT KUMAR SHAH, J.:–The present writ petition has been filed for directing the respondents to grant affiliation for additional 50 seats for the academic session 2017-19 pertaining to diploma in Elementary Education (herein after referred to as the ‘D. El. Ed.’) course as per the recognition/permission granted by National Council for Teacher Education w.e.f the academic session 2017-19 vide Memo dated 02.05.2017.

2. The brief facts of the case, according to the petitioner is that the respondent National Council for Teacher Education, Eastern Regional Committee, Bhubaneswar (herein after referred to as the ‘NCTE’) vide order dated 03.03.2016 had granted recognition to the petitioner college for D. El. Ed. course for the academic session 2016-17 with intake capacity of 50 students whereafter, vide order dated 02.05.2017, the NCTE granted recognition to the petitioner college for conducting the D. El. Ed. programme of two years duration with additional intake of 50 students thus taking the total intake capacity of the petitioner college to 100 students from the academic session 2017-18. It is the case of the petitioner that after grant of recognition for additional 50 seats for the academic session 2017-18 by the NCTE, the petitioner college vide Memo dated 09.05.2017 wrote to the Bihar School Examination Board (hereinafter referred to as the ‘BSEB’) for grant of affiliation for additional 50 seats, however, the BSEB failed to grant affiliation to conduct the D. El. Ed. course for the academic session 2016-18 as well as for the academic session 2017-19, nonetheless, affiliation was granted for academic session 2018-20. It is submitted that the petitioner had earlier moved this Court for grant of affiliation by filing a writ petition bearing CWJC No. 10788 of 2019, which was disposed off by a coordinate Bench of this Court vide order dated 24.07.2019 with a direction to the BSEB to consider the claim of all the petitioners in light of the judgment dated 28.03.2019, rendered by the learned Division Bench of this Court in CWJC No. 19046 of 2018. The BSEB, upon consideration of the said judgment dated 28.03.2019, passed in CWJC No. 19046 of 2018 (Rajendra Kishore B.Ed. College and others Vs. BSEB & others), passed an order dated 13.09.2019, whereby and whereunder, as far as the petitioner college is concerned, it has been granted affiliation for the academic session 2016-18 with annual intake of 50 students.

3. The Ld. Sr. Counsel for the petitioner has submitted that the petitioner college had again represented before the respondent BSEB vide representation dated 14.10.2019 for grant of affiliation for additional 50 seats for the academic session 2017-19 but to no avail. The Ld. Sr. Counsel for the petitioner has also placed reliance on the order dated 26.09.2019, passed by a Co-ordinate Bench of this Court in CWJC No. 19926 of 2019 (Dr. Trisuldhari Pandey Memorial College of Education Vs. The State of and others).

4. The Ld. Counsel for the respondent BSEB has submitted that the petitioner had challenged the order of recognition of the NCTE dated 03.03.2016, whereby and whereunder the petitioner was granted recognition to conduct the D. El. Ed. programme with annual intake of one basic unit (50) for academic session 2016-17, by filing a writ petition bearing WP(C) No. 9124 of 2016, before the Hon’ble Orissa High Court and after the order of the Hon’ble Orissa High Court, the NCTE issued a revised order dated 02.05.2017 granting recognition to the petitioner college for conducting D. El. Ed. programme with additional intake of 50 students (one basic unit) from the academic session 2017-18. It has been further submitted that the petitioner college was granted affiliation in a phased manner, as per the application filed by it before the BSEB, seeking affiliation corresponding to the recognition granted by NCTE. In fact after issuance of letter dated 03.03.2016 by the NCTE, the petitioner had applied before the BSEB on 18.01.2017, for gr