Advocates:
['Sunil Kumar Singh', 'Dr Anand Kumar', '', 'Rana Vikram Singh', 'Navin Prasad Singh']

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.962 of 2019

In

Civil Writ Jurisdiction Case No.8521 of 2019

======================================================

1.

National Council for Teachers Education (NCTE) Eastern Regional

Committee (ERC), NCTE, 15 Neelakantha Nagar Nayapatti, Bhubneshwar

through its Regional Director.

2.

The Regional Director The Easter Regional Committee (ERC), NCTE-15,

Neelakanth Nagar, Nayapalli, Bhubaneshwar.

... ... Appellant/s

Versus

1.

Nalanda Mahila Shikshak Preashikshan Mahavidyalaya Plot No. 1340 Street

No NH-82 Vill/ PO- Dipnagar Tehsil / Talka Bihar Block (Town Block) City

- Biharsharif, District- Nalanda through its Secretary Dr. Kumari Padma (F)

aged W/o of Shilendra Kumar, Village- Dipnagar, P.O.- Dipnagar, Tehsil /

Taluka Bihar, Biharsharif, District- Nalanda, Bihar- 803111.

2.

The Patliputra University Patna through its Vice-Chancellor.

3.

The Vice-Chancellor Pataliputra University, Patna, Bihar.

4.

The Registrar Pataliputra University, Patna, Bihar.

5.

Nalanda Open University Patna through its Registrar.

6.

The Registrar Nalanda Open University, Patna.

... ... Respondent/s

======================================================

Appearance :

For the Appellant/s

:

Mr.Sunil Kumar Singh, Adv.

For the Respondent Nos. 2,3 & 4 :

Mr.Rana Vikram Singh, Adv.

Mr. Anand Kumar, Adv.

For the Patliputra University

:

Ms. Rasika, Adv.

======================================================

CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR

and

HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY

ORAL JUDGMENT

(Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR)

Date : 14-11-2022

Heard Mr. Sunil Kumar Singh, learned

Advocate for the appellant/National Council for

Teachers Education (NCTE) and Dr. Anand Kumar

Patna High Court L.P.A No.962 of 2019 dt.14-11-2022

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for Nalanda Open University. The Patliputra

University is represented by Ms. Rasika. There is

no appearance on behalf of respondent No. 1

(writ petitioner) notwithstanding the service of

dasti notice on the Institution.

Hence, this matter has been taken up

for consideration.

The appellant stands aggrieved by the

observation of the learned single judge that even

in case of the respondent preferring an appeal

against the decision of Eastern Regional

Committee of NCTE by filing memo of appeal in

hard copy and not by online mode, which is

provided in the Statute, it should be entertained.

The further observation of the learned single

judge has aggrieved the appellant that under the

scheme of the act only online appeals can be

filed, does not leave the court impressed.

Mr. Sunil Kumar Singh, learned

Advocate has drawn the attention of this Court to

the notification of the Human Resource

Patna High Court L.P.A No.962 of 2019 dt.14-11-2022

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Development Ministry of the Government of India

dated 13^th of September, 2011, whereby the rules

of National Council for Teachers Education, 2011

has been amended and for appealing against any

order

passed

by

Eastern

Regional

Committee/Regional Committees, the forum of

appeal has been provided which appeal could be

filed electronically through online mode on the

website of NCTE along with requisite fee. The

proposed appellant would be required to remit

the filled-in online application and post two sets

of hard copies accompanied with requisite

documents to the Member Secretary NCTE, New

Delhi, but only within two days of online

submission of appeal.

By referring to the afore-noted

notification, Mr. Singh, learned Advocate for the

appellant/NCTE submits that hard copies of the

memo of appeal are accepted but only after

online appeal is filed and not otherwise. There is

no reason why, he submits, the learned single

Patna High Court L.P.A No.962 of 2019 dt.14-11-2022

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judge ought to insist upon filing of hard copy in

appeal to the exclusion of online filing.

We find