IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11937 of 2010 MAHABODHI TEACHER'S TRAINING COLLEGE Versus THE STATE OF BIHAR & ORS For the Petitioner:- Mr. Chitranjan Sinha, Sr. Advocate Mr. Arun Kumar, Advocate For the Respondents N.C.T.E.:- Mr. S.N. Pathak For the University:- Mr. Yugal Kishore, Sr. Advocate ----------- 02 03.08.2010 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the N.C.T.E. The petitioner institution has been granted recognition by the N.C.T.E. for the academic session 2009-10 with an annual intake capacity of 100 for taking admission in the B.ed. course for the secondary level. Learned counsel for the petitioner relying upon 2006 (9) SCC 1 (State of Maharashtra Versus Sant Driyaneshwar Shikshan Shastra Mahavidyalaya & Others), submits that the respondent Magadh University cannot deny or withhold grant of affiliation in view of grant of recognition by the N.C.T.E. At this stage, the only objection being raised on behalf of the University is that after granted of recognition by N.C.T.E. the petitioner is required to apply to the University in the prescribed manner along with necessary fees. Though, statement has been made to the extent in paragraphs 20 and 21 of the writ application, it is not accompanied by any documentary evidence in support of the same. The next submission is that any deposit made by the 2 petitioner for grant of affiliation prior to 30.4.2010 may be adjusted for the present purpose. No exception can be taken to the stand on behalf of University that all applications and deposit have to be strictly in accordance with procedure prescribed only, and in which circumstance they can be considered alone. If the petitioner has applied or it applies hereinafter for affiliation, subject to fulfillment of statutory requirement, let the University decide the affiliation issue within a maximum period of one month from the date of receipt/production of a copy of this order before it. In view of the grant of recognition by the N.C.T.E. this Court directs the University that if it proposes to pass an order to the prejudice of the petitioner, it is obliged to furnish the grounds in advance to the petitioner, grant a personal hearing and in this manner pass a reasoned and speaking order within the aforesaid period. Needless to state that affiliation by the University has to be co-terminus with recognition by the N.C.T.E. The application stands disposed. P.K. (Navin Sinha, J.)