The court established that the invalidity of the B.Ed. degree obtained from an unrecognized college led to the legal termination of the respondent's services.

Pradeep Nandrajog, J.

1. Regretfully, half facts, and these two incorrectly stated have been disclosed in the pleadings. Half facts which were most relevant and crucial have not been disclosed by either party in their pleadings. Fortunately for us, said half facts are recorded in a decision pronounced by a Single Bench of Patna High Court reported as 2001 (2) LJR 536 National Teacher Training College, Arer & Ors. v The State of Bihar & Ors. which has been upheld by a Division Bench.

2. In the year 1982, Bihar Non-Government Physical Training Colleges and Non-Government Teachers’ Training Colleges and Non-Government Primary Teachers’ Training Colleges (Controland Regulations) Act, 1982 (hereinafter referred to as the ‘State Act’) was enacted to provide for the control and regulation of non-government physical training colleges, non-government teachers’ training colleges and non-government primary teachers’ training colleges in the State of Bihar. Section 2 of said Act prohibited any person, institution or committee to organize, maintain, manage or promote any school or college for undertaking, conducting, providing or imparting teachers’ training without obtaining prior permission from the State Government.

3. In the year 1987, a registered society established the National Teachers Training College (hereinafter referred to as the ‘College’) in the State of Bihar without obtaining prior permission from the State Government.

4. Though the State Act did not contain any provision pertaining to grant of recognition of an institution by the State Government, on July 7, 1987 the college applied to the State Government for grant of recognition contemplated under Section 2 of the State Act.

5. While the aforesaid application was pending, the National Council for Teacher Training Act, 1993 (hereinafter referred to as the ‘NCTE Act’) came into force on July 1, 1995. It is a central legislation.

6. At this juncture, it would be relevant to note Sections 14 and 17 of the NCTE Act. The two Sections read as under:-

“14. Recognition of institutions offering course or training in teacher education –

(1) Every institution offering or intending to offer a course or training in teacher education on or after the appointed day, may, for grant of recognition under this Act, make an application to the Regional Committee concerned in such form and in such manner as may be determined by regulations:

Provided that an institution offering a course or training in teacher education immediately before the appointed day, shall be entitled to continue such course or training for a period of six months, if it has made an application for recognition within the said period and until the disposal of the application by the Regional Committee.

(2) x x x x x x x x

(3) On receipt of an application by the Regional Committee from any institution under sub-section (1), and after obtaining from the institution concerned such other particulars as it may consider necessary, it shall-

(a) if it is satisfied that such institution has adequate financial resources, accommodation, library, qualified staff, laboratory and that it fulfills such other conditions required for proper functioning of the institution for a course or training in teacher education, as may be determined by the regulations, pass an order granting recognition to such institution, subject to such conditions as may be determined by regulations; or

(b) if it is opinion that such institution does not fulfill the requirements laid down in sub-clause (a), pass an order refusing recognition to such institution for reasons to be recorded in writing: Provided that before passing an order under sub-clause (b), the Regional Committee shall provide a reasonable opportunity to the concerned institution for making a written representation.

17. Contravention of provisions of the Act and consequences thereof:

(1) W here the Regional Committee is, on its own motion or on any representation received from any person, satisfi