IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.729 of 2008 1. LALIT NARAYAN MITHILA UNIVERSITY, KAMESHWAR NAGAR, DARBHANGA THROUGH ITS REGISTRAR. 2. THE REGISTRAR, LALIT NARAYAN MITHILA UNIVERSITY, KAMESHWAR NAGAR, DARBHANGA. …RESPONDENT NOS. 4 AND 5 …APPELLANTS…. Versus 1. FAKHRUDDIN ALI AHMAD TEACHERS TRAINING COLLEGE, BANGALI TOLA, LAHERIA SARAI, DARBHANGA, A CONSTITUENT UNIT OF THE MUSLIM UMMAH EDUCATION AND WELFARE SOCIETY, A REGISTERED SOCIETY UNDER SOCIETY REGISTRATION ACT HAVING REGISTRATION NO. 394 THROUGH ITS SECRETARY N. AKHTAR. ….PETITIONER…..RESPONDENT 1ST SET. 2. THE STATE OF BIHAR. 3. THE SECRETARY, DEPARTMENT OF HUMAN RESOURCES, SECONDARY EDUCATION, GOVERNMENT OF BIHAR, PATNA. 4. CHANCELLOR OF UNIVERSITIES, BIHAR, RAJ BHAWAN, PATNA. 5. REGIONAL DIRECTOR, EASTERN REGIONAL COMMITTEE, NATIONAL COUNCIL FOR TEACHERS EDUCATION, 15 NEEL KANTHA NAGAR, NAYA PALLI BHUBANESHWAR. 6. NATIONAL COUNCIL FOR TEACHERS EDUCATION, C-2, 10 SAFDARJANG DEVELOPMENT AREA, SRI ARBINDO MARG, NEW DELHI, THROUGH ITS MEMBER SECRETARY. …RESPONDENT NOS. 1,2,3, 7 AND 8…. RESPONDENTS 2ND SET. 7. CONTROLLER OF EXAMINATIONS, LALIT NARAYAN MITHILA UNIVERSITYL, KAMESHWAR NAGAR, DARBHANGA ( WRONGLY MENTIONED AS PATNA IN THE WRIT PETITION). 2 …RESPONDENT NO. 6 ……PROFORMA RESPONDENT 3RD SET. For the appellant: Mr. Lalit Kishore and Sr. Adv. Mr.Pushkar Narain Shahi. For the N.C.T.E: Mr. S. N Pathak. For the respondent no.1:Mr. K. N Sahay. ----------- 11/ 01.12.2010 Heard counsel for the parties. This appeal has been filed against the order dated 28.03.2008 in C.W.J.C No. 2407 of 2000, whereby the respondent-writ petitioner had assailed cancellation of affiliation by the appellant University in relation to the academic years 1995-1996 and 1996-1997. It was contended before the learned Single Judge that such cancellation order passed was ex parte in nature and the institution had no occasion to be heard by the University before passing the impugned order of cancellation with retrospective effect. The learned Single Judge after hearing the parties while holding the retrospective cancellation of affiliation for the sessions 1995-1996 and 1996-1997 to be bad had also directed the N.C.T.E to issue notice to the institution and after 3 hearing arrive at a fresh determination in accordance with law. When the matter has come up for admission, counsel appearing for the respondent-writ petitioner has produced the notification of the University dated 13.07.2010 which reads as follows:- NOTIFICATION “ In compliance of the order dated 28.03.2008 of the Hon’ble High Court, Patna passed in CWJC No. 2407 of 2000 and CWJC No. 11964 of 2000, notification issued vide this office memo no. XC/1667- 1867/2000 dated 29.02.2000 relating to cancellation of examination, result, marks sheet and provisional certificates respectively of B. Ed. Students of session 1995-96 and 1996-97 of Fakhruddin Ali Ahmad Teacher’s Training College, Bengali Tola, Laheriasarai, Darbhanga whose examination were conducted in the year 1998 are hereby withdrawn on the recommendation of the Examination Board in its meeting dated 03.07.2010 vide item no. 7. Accordingly, the aforesaid results are declared valid. As such memo no. XC/1667- 1867/2000 dated 29.02.2000 is amended upto the extent as 4 indicated above. By order of the vice- chancellor, Sd/- ( M.M. Pandey) Controller of Examinations. MemoNo.XC/14443-68/0 Date 13.07.2000. Thus in view of the aforementioned subsequent development and the order of the University, this appeal by the University has become infructuous and is, accordingly, disposed of. Ranjan (T. Meena Kumari, J) (Mihir Kumar Jha, J.)