IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL REVIEW No.76 of 2022 In Letters Patent Appeal No.293 of 2020 ======================================================

National B.Ed College of Higher Education, Murgichak Road Mohammadpur Janipur, Patna through its Secretary Madhuri Kumari (F), aged about 45 years, Daughter of Late Ram Chandra Jha, R/o Apurva Radha Complex, 3^rd Floor, Office No.303, Patna, Bihar-800001.

... ... Petitioner Versus

1. The State of Bihar through the Principal Secretary, Education Department, Government of Bihar, New Secretariat (Vikash Bhawan), Patna.

2. The Bihar Examination Board, Sinha Library Road, Patna through its Secretary

3. The Chairman Bihar School Examination Board, Sinha Library Road, Patna. 4. The Secretary Bihar School Examination Board, Sinha Library Road, Patna.

5. The Bihar School Examination Board, Patna through its Secretary, 6. The Chairman Bihar School Examination Board, Patna. 7. The Secreary, Bihar School Examination Board, Patna. 8. The (Director) Bihar School Examination Board, Patna.

9. The Eastern Regional Committee-National Council for Teacher Education, 15 Neelkanth Nagar, Nayapalli, ... ... Opposite Parties ======================================================

Appearance :

For the Petitioner : Ms. Nivedita Nirvikar, Sr. Advocate Mr. Arya Achint, Advocate For the State : Mr. Priyadarshi Matri Sharan, AC to AAG-15 For the BSEB : Mr. Satyabir Bharti, Sr. Advocate Mr. Abhishek Anand, Advocate Ms. Kanupriya, Advocate Ms. Aastha Prakash, Advocate For the NCTE : Mr. Sunil Kumar Singh, Advocate Mr. Tanay Bhaskar, Advocate Mr. Ravi Ranjan Kumar Singh, Advocate ======================================================

CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD and HONOURABLE MR. JUSTICE SOURENDRA PANDEY

ORAL JUDGMENT

(Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)

Date : 09-12-2025 This review application has been preferred seeking review of the judgment dated 07.03.2022 passed by Hon’ble Division Bench of this Court in LPA No. 293 of 2020 (arising out of CWJC No. 3936 of 2019) (hereinafter referred to as the ‘judgment under review’).

2. By the judgment under review (in short ‘JUR’), the Hon’ble Division Bench of this Court has been pleased to record a finding that the National B.Ed. College of Higher Education (hereinafter referred to as the ‘Institute or College’) had submitted the requisite application for affiliation three months after the cut- off date and had taken admission of students much before the affiliation was granted by the Bihar School Examination Board (hereinafter referred to as the ‘Board’). The Division Bench was of the view that directing the Board to give affiliation to the Institute for the academic session 2017-19 would be in the nature of misplaced sympathy for the students. In the opinion of the Hon’ble Division Bench, such wrongful admission in Institutes have to stop.

3. It appears that two sets of writ applications were preferred in this matter. The Institute filed CWJC No. 3936 of 2019 with a prayer to direct the respondents to grant and issue order/notification of affiliation to National B.Ed College of Higher Education, Village-Murgiachak, Street/Road- Mohammadpur, Taluka/Mandal – Janipur, Town/City – Murgiachak, District – Patna, Bihar – 801505 for the academic session 2017-19 instead of session 2018-20. The petitioner in the said writ application prayed for a declaration to the effect that the action on the part of the concerned respondent authorities in not granting and issuing the order/notification of affiliation to the college in accordance with Section 16 of the National Council for Teacher Education Act, 1993 (in short ‘NCTE Act, 1993) for academic session 2017-19 smacks colourable exercise of power on the part of the concerned authorities of the Board.

4. The writ application was contested by the Board and its authorities (Respondent Nos. 5 to 8). It was contended that the petitioner college/institute had been granted recognition by the National Co