2016 Supreme(Jhk) 541
IN THE HIGH COURT OF JHARKHAND AT RANCHI
APARESH KUMAR SINGH, J.
Loyala College of Education - Petitioner
Vs.
State of Jharkhand through its Principal Secretary, Science, Technology and Higher Education & Ors. - Respondents
W.P.(C) No. 2427 of 2015
Decided On : 22-06-2016
For the Petitioner: M/s Ritu Kumar, S.B. Deo, Vikash Kumar
For the Kolhan University : Mr. Sanjay Piprawall
For the Ranchi University : M/s A.K. Mehta, A.K. Sinha, N.K. Mehta
Headnote:Educational Matters – Affiliation of the B.Ed. Course for the academic session 2014 – 15 – Delay in sending the recommendation to the Department of Higher Education was on the part of University and not by the petitioner as it submitted application much before the specified date – Direction to Department to reconsider the matter taking into account all the relevant materials – Petition disposed of.
Heard learned counsel for the parties.
2. The matter relates to affiliation of the petitioner College for B.Ed. course of academic session 2014-15. Petitioner College was established in the year 1976 and granted affiliation by the Ranchi University on 5.4.1976. It was granted recognition by the National Council for Teacher Education(N.C.T.E) on 11.2.1997. Petitioner College submitted its application for grant of affiliation for the academic session 2014-15 to the respondent-Kolhan University on 1.10.2013 (Annexure-10/1) much before the specified date 10.3.2014 as per the schedule prescribed by the Hon'ble Supreme Court in the case of Maa Vaishno Devi Mahila Mahavidyalaya Versus State of Uttar Pradesh & others reported in 2013(2) SCC 617. Petitioner College was inspected on 15.2.2014.
3. From the stand of the respondent-University it is clear that proposal for approval of affiliation in respect of the petitioner college was forwarded on 26.6.2014 to the State Government as there was no regular Vice Chancellor of the University and necessary decision on the application seeking grant of affiliation to the petitioner College could not be taken. The University considered the application for grant of affiliation of 5 colleges including the petitioner on the basis of the directions passed by the Hon'ble Supreme Court in the case of Netaji Subhash Institute of Education Vrs. Kolhan University & others in W.P.C No. 488 of 2014 dated 23.6.2014 and also directions passed in other such colleges like Swami Vivakanand College of Education Vrs. Kolhan University & others in W.P.C. No. 524 of 2014, Institute of Education Vrs. Kolhan University & others in W.P.C. No. 525 of 2014, Karim City College, Jamshedpur Vrs. Kolhan University & others in W.P.C. No. 472 of 2014, Jamini Kant B.Ed. College, Shaboni, Ghatsila Vrs. Kolhan University & others in W.P.C. No. 473 of 2014 vide judgment dated 24.6.2014. It is the case of the University that affiliation Committee in its emergent meeting held on 25.6.2014 made recommendation for grant of temporary affiliation in respect of not only the aforesaid 5 institutions but also the petitioner college and one Ashu Kisku and Ravi Kisku Teachers Training Institute. The emergent meeting of the Syndicate of University held on 25.6.2014 approved the recommendation of the Affiliation Committee.
4. On the aforesaid stand of the University, following order was passed on 4.9.2015 by a Coordinate Bench of this Court:-
“Considering the aforesaid fact, I am of the opinion that the proposal seeking approval of the State Government forwarded by the University on 25.6.2014 which was received by the State Authority on 26.6.2014 requires to be decided. In the light of direction issued by the Hon'ble Supreme Court in the “Netaji Subhash Institute of Education Vrs. Kolhan University & ors.” and other cases whereby, time for forwarding the proposal to the State Government was extended by 3 days, the respondent no.2 was required to grant approval for affiliation, if the college fulfills all necessary norms and standards. At this stage, the learned counsel for the petitioner tenders a copy of the decision of the Hon'ble Supreme Court in the case of “Binod Bihari Mahato Memorial Teachers Training College Vrs. Vinoba Bhave University and Ors” (Civil Appeal No. 5857 of 2014). Accordingly, the respondent no.2 shall take a decision on the proposal forwarded by the respondent-university within two weeks keeping in mind the role of the State authorities “ at the second stage” i.e. at the stage when the proposal for grant of affiliation is forwarded to the State Government. If necessary, clarification shall be sought from the University and/or the college”.
The respondent Department thereafter filed an affidavit on 6.11.2015 enclosing the minutes of the meeting held on 21.9.2015 in the matter of consideration of the application for affiliation of the petitioner college and another college. It however expressed it inability to grant affi