IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12895 of 2010 1. PATEL COLLEGE OF EDUCATION, PATEL NAGAR, JAHANABAD, P.S.- JAHANABAD, DISTT.- JAHANABAD THROUGH ITS SECRETARY ANIL KUMAR SINGH S/O SHRI DEO CHARAN SINGH R/O VILL.- PATEL NAGAR, RAJA BAZAR, P.S.- JAHANABAD, DISTT.- JAHANABAD Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY DEPARTMENT OF HUMAN RESOURCE DEVELOPMENT, GOVERNMENT OF BIHAR, PATNA 2. NATIONAL COUNCIL FOR TEACHER EDUCATION HANS BHAWAN WING II, BAHADURSHAH ZAFAR MARG, NEW DELHI- 110002 THROUGH ITS MEMBER SECRETARY 3. THE MEMBER SECRETARY, NATIONAL COUNCIL FOR TEACHER EDUCATION HANS BHAWAN WING II, BAHADURSHAH ZAFAR MARG, NEW DELHI- 110002 4. THE REGIONAL DIRECTOR, NATIONAL COUNCIL FOR TEACHER EDUCATION EASTERN REGIONAL COMMITTEE, 15, NEELAKANTHA NAGAR, NAYAPALLI, BHUBNESHWAR- 751012 5. MAGADH UNIVERSITY, BODH GAYA THROUGH ITS REGISTRAR 6. THE VICE CHANCELLOR, MAGADH UNIVERSITY, BODH GAYA 7. THE REGISTRAR, MAGADH UNIVERSITY, BODH GAYA ----------- For the Petitioner:- Mr. Chitaranjan Sinha, Sr. Adv. Mr. Arun Kumar, Adv. For the Respondent N.C.T.E.:- Mr. S. N. Pathak, S.C.C.-4 For the State:- Mr. Jay Prakash Sharma, Adv. For the University:- Mr. Anil Kumar Sinha, Adv. ------------- 3. 28.10.2010 Heard learned counsel for the petitioner, the State, for the Magadh University and for the N.C.T.E. The petitioner institution has been granted recognition for the B.Ed course at the secondary level on an annual intake capacity of 100 students from the academic Session 2009-10. The counter affidavit of the Magadh University reads something into the order of recognition dated 30.1.2010 which is not there by limitating the recognition to that academic year only. This Court holds that the 2 stand of the respondent University that the NCTE has granted recognition only for the Session 2009-10 is beyond the terms of recognition dated 30.1.2010 and suffers from complete non application of mind rendering it arbitrary. The affiliation granted by the Magadh University for one year only for the Session 2009-10 is therefore completely misconceived. The University, a statutory body is expected to act and function in accordance with law and not at whims and fancies. The University is bound to decide issues of affiliation in accordance with the judgment of the Supreme Court reported in 2006(9) SCC 1 (State of Maharastra Vs. Sant Dnyaneshwar Shikshan Shastra Mahavidyalaya & Ors.). The order of the University dated 10.8.2010 shall therefore not be its final decision on the issue of affiliation. Let the University pass a final appropriate orders in accordance with law as laid down by the Supreme Court within a maximum period of one month from the date of receipt/production of a copy of this order. The writ application stands disposed. P. Kumar ( Navin Sinha, J.)