IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10603 of 2010 1. CHAURASIA RAJ KISHORE COLLEGE, HAJIPUR, VAISHALI,BIHAR THROUGH ITS SECRETARY, ANIL KUMAR, S/O SRI RAJ KISHORE CHAUDHARY, R/O BARI YUSUFPUR, P.O. HAJIPUR, DISTRICT- VAISHALI. ………………… Petitioner Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, DEPARTMENT OF HUMAN RESOURCE DEVELOPMENT,GOVT. 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. B. R. AMBEDKAR BIHAR UNIVERSITY ,MUZAFFARPUR - 842001 THROUGH ITS REGISTRAR. 6. THE VICE CHANCELLOR,B. R. AMBEDKAR BIHAR UNIVERSITY ,MUZAFFARPUR - 842001 7. THE REGISTRAR,B. R. AMBEDKAR BIHAR UNIVERSITY, MUZAFFARPUR - 842001 For the Petitioner: Shri Chitranjan Sinha, Sr. Advocate Shri Arun Kumar, Advocate For the State : G. P. 2 For the NCTE: Shri S. N. Pathak For the University: Shri Ajay Bihari Sinha ----------- 02. 19.07.2010 Heard counsel for the petitioner, the counsel appearing for BRA Bihar University and the counsel for the NCTE. 2 The petitioner, Chaurasiya Raj Kishore College, Hajipur, Vaishali is an institution, imparting B.Ed. training education to the students. This institution had applied for recognition by filing application before the Eastern Regional Committee of the NCTE, which is authorized body for granting recognition or refusing recognition to such institutions. The petitioner’s case is that the NCTE has granted recognition to the petitioner’s institution vide Order dated 29.04.2010 from the academic session 2009-2010 under Clause 7(11) of the NCTE (Recognition Norms & Procedure) Regulations, 2007 for conducting B.Ed. course of secondary (level) of one year duration with an annual intake of 100 students. The petitioner thereafter filed its application before the B.R.A. Bihar University for permanent affiliation, but till date it has not been allowed to the petitioner’s institution. It has been submitted by the Counsel for the petitioner that once NCTE has granted recognition to the institution, University can not keep the matter pending. In this regard, the counsel for the 3 petitioner has referred the decision reported in 2006 Vol. 9 SCC Page-1 (State of Maharashtra Versus Sant Dhyaneshwar Shiksha Shastra Maha Vidyalaya & Ors.). The counsel for the University, since has not received any instruction, is not in a position to say the reason behind delay in granting the permanent affiliation to the petitioner institution. The counsel appearing for the NCTE has also supported the stand taken by the petitioner, especially in terms of the decision of the Hon'ble Supreme Court. This application is being allowed, directing the Registrar, B.R.A. Bihar University to issue an Order, granting permanent affiliation in favour of the petitioner’s institution within 10 days from the date of production / communication of this Order. In the meantime, the institution will take admission of the students and will continue to run the institution in anticipation of the grant of affiliation by the University in favour of petitioner. This application is allowed. S.K.M. (Mridula Mishra, J.)