IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12675 of 2007 RADHA KUMARI Versus THE STATE OF BIHAR & ORS ----------- For the Petitioner : Dr.Shashi S.Kishore and Mr.Shiv Pujan Sahay,Adv. For the State : M/s Lalit Kishore,Sr.Adv. with S.S.Mishra,Adv. For the N.C.T.E. : Mr.S.N.Pathak,S.C.C.G. ---------- 3. 28/08/2008 In this writ application, petitioner has sought for a direction to the respondents to hold examination of students of Kamla Nehru Women Physical Teachers Treaining College, Bairiya, Muzaffarpur of the Sessions 1994-95. It has been contended that the Institution had got temporary affiliation by notification dated 10.5.1989 till further orders vide Annexure-1. It is submitted that the affiliation continued for Sessions 1994-95 also, and therefore, the respondents were under legal obligation to hold examination of the students of that Session. Learned A.A.G.-IV appearing on behalf of the State functionaries submits that after coming into force of the National Council of Teachers Education Act, 1983, no order can be issued for holding examination of the students of the Institution whose affiliation did not continue under the new Act. He submits that - 2 - there is no averment in the writ application that the Institution had applied for continuance of its affiliation under the new Act. In this connection he referred to an order of this Court dated 7.11.2007 passed in C.W.J.C.No.11413 of 2007 which has been annexed as Annexure-C to the counter affidavit. From the said order, it is apparent that in view of the absolute bar provided under section 16 of the said Act, no Institution was empowered to hold examination, whether provisional or otherwise, if the recognition of the Institution did not continue under the new Act. Admittedly, the Institution in question did not apply for recognition under the new Act. In the circumstances, no relief can be granted to the petitioner in this case and no direction can be issued to the Board to hold examination now for the Sessions 1994-95 for which the Institution had recognition prior to the new Act coming into force. In the result, I do not find any merit in this writ application. The same is accordingly dismissed. Pradeep/ (J. N. Singh, J.)