IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21854 of 2018

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1.

Mithila Teachers Training College and Anr

2.

Md. Ishteyaque Ahmad, Secretary, Mithila Teachers Training College,

atP.O.- Basaura, District- Madh

... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors

2.

The Chancellor, Universities of Bihar, Raj Bhawan, Patna.

3.

The Principal Secretary to the Governor-cum-Chancellor, Raj Bhawan,

Patna.

4.

The Vice Chancellor, Lalit Narayan Mithila University, Kameshwar Nagar,

Darbhanga.

5.

The Registrar, Lalit Narayan Mithila University, Kameshwar Nagar,

Darbhanga.

6.

The Principal Secretary, Department of Education, Government of Bihar,

Patna.

7.

The National Council for Teacher Education, Eastern Regional Committee,

15- Neelkanth Nagar, Nayapa

8.

The Regional Director, Eastern Regional Committee, National Council for

Teacher Education, 15-Neelk

... ... Respondent/s

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Appearance :

For the Petitioner/s

:

Mr.Jagnnath Singh, Adv.

For the State

:

Ms. Namrata Singh, AC to GA 12

For the N.C.T.E. : Mr. Sunil Kumar Singh, Adv.

For the University : Mr. Kinkar Kumar, Adv.

Mr. Aayush Abhishek, Adv.

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CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH

SHARMA

ORAL ORDER

3

14-02-2023

1. The petitioner by way of this writ petition has

prayed as under:

“(i) For issuance of an appropriate writ

in the nature of certioriari for quashing Memo No.

BSU-34/2018/2419/G.S. (1) dated 22.09.2018 (the

copy of which is not available with the petitioner

Patna High Court CWJC No.21854 of 2018(3) dt.14-02-2023

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and the respondents may be directed to produce the

same) issued from the office of the Hon’ble

Chancellor, Universities of Bihar, Patna

(Respondent No. 2) whereby and whereunder the

Vice Chancellor, Lalit Narayan Mithila University,

Darbhanga (Respondent No. 4) has been directed to

constitute a committee to inspect the B.Ed. Colleges

running under the jurisdiction of L.N. Mithila

University, Darbhanga on regular basis and take

proper legal steps in re3spect of the institution

which do not fulfill the affiliation condition of the

requisite teaching standard.

(ii) For issuance of appropriate writ in

the nature of Certiorari quasing Memo No. 889-

920/18 dated 26.09.2018 issued under the signature

of Registrar, Lalit Narayan Mithila University,

Darbhanga (Respondent No. 5) in pursuance of the

direction as contained in Letter of the Principal

Secretary to the Governor-cum Chancellor, Raj

Bhawan, Patna issued under memo No. BSU-

34/2018/2419/GS (1) dated 22.09.2018 constituting

and inspection team to inspect B.Ed. Colleges

running under the jurisdiction of L.N. Mithila

University, Darbhanga on regular basis in most

illegal and arbitrary manner without there being

any authority of law (Annexure 3).

Patna High Court CWJC No.21854 of 2018(3) dt.14-02-2023

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(iii) For issuance of appropriate

writ/rule in the nature of certiorari for quashing

Letter No. 15714-40/18 dated 29.09.2018 issued

under the signature of Registrar, Lalit Narayan

Mithila University, Darbhanga addressed to all the

Principals of Teachers Training College within the

jurisdcition of Lalit Narayan Mithila University,

Darbhanga, indicating tht the three Members of the

inspecting team may inspect B.Ed. Colleges without

there being any previous information and it has also

been directed that the inspecting team which would

go to inspect the college would be paid there

travelling allowances/Haultage allowances in

accordance with law by the College concerned

(Annexure 4).

(iv) For issuance of an appropriate writ

holding and declaring that the Hon’ble Chencellor

of the Universities of Bihar and the Vice Chancellor,

La