IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.18181 of 2008 BHAGWAN BUDHA PRATHMIK TEACHERS TRAINING COLLEGE NIRMALI SUPAUL THROUGH ITS SECRETARY, RADHE SHYAM S/O LATE RASIK LAL, R/O MOHALLA NIRMALI, P.S. NIRMALI, DIST.- SUPAUL ……..PETITIONER. Versus 1. THE UNION OF INDIA THROUGH THE MINISTRY OF HUMAN RESOURCES DEVELOPMENT DEPTT., SHASTRI BHAWAN, NEW DELHI 2. THE STATE OF BIHAR THROUGH ITS CHIEF SECRETARY, OLD SECRETARIAT BUILDING, PATNA 3. THE PRINCIPAL SECRETARY TO GOVT. IN THE DEPTT. OF HUMAN RESOURCES DEVELOPMENT DEPARTMENT, NEW SECRETARIAT BUILDING, PATNA 4. NATIONAL COUNCIL FOR TEACHER’S EDUCATION, THROUGH ITS CHAIRPERSON, NEW DELHI 5. THE EASTERN REGIONAL COMMITTEE, NATIONAL COUNCIL FOR TEACHER EDUCATION THROUGH ITS REGIONAL DIRECTOR, 15, NEELAKANTHA NAGAR, NAYAPALLI BHUBNESHWAR 751012 6. THE BIHAR SCHOOL EXAMINATION BOARD, THROUGH IT’S CHAIRMAN, SINHA LIBRARY ROAD, PATNA ………RESPONDENTS. ----------- For the Petitioner : Mr. Chandra Shekhar Prasad Singh, Senior Advocate Mr. Bishwa Bibhuti Kumar Singh, Advocate For the N.C.T.E. : Mr. S.N.Pathak, Advocate For the Union of India : Mr. Sudhir Singh, Assistant Solicitor General of India Mr. Sarvadeo Singh, Advocate For the State : Mr. Lalit Kishore, Additional Advocate General No.III Mr. Sayabir Bharti, Advocate. ---------- 4. 09.02.2009 Prayer of the petitioner in this writ application is to declare Section 2(L) of the National Council for Teacher’s Education Act, 1993 ultra vires as also for quashing of the order dated 2nd of September, 2008 passed by the Principal Secretary, Human Resources Department rescinding the grant of recognition dated 16.3.2007. It is the assertion of the petitioner that it has been established by Boudh Shikshan Kalyan Samiti, a society 2 registered under the Societies Registration Act for imparting teachers training for Primary Teachers. It seems that the State Government granted recognition to the petitioner Institution by order dated 16.3.2007. In view of the various judicial orders passed by this Court including the order dated 13.2.2007 passed in L.P.A.No.609 of 2006, by memo dated 16.3.2007 the petitioner Institution was granted recognition. However, later on the grant of recognition came to be examined by the State Government and by order dated 2.9.2008 it held that the jurisdiction to grant recognition is to the Regional Committee of the National Council for Teacher’s Education. Accordingly, by the impugned order the order granting recognition has been rescinded. It is the stand of the petitioner that the National Council for Teacher’s Education Act, 1993 (hereinafter referred to as the ‘Act’) has been enacted in the light of Entry 66 of List I of the Seventh Schedule and it is beyond the legislative competence. Mr. Chandra Shekhar, appearing on behalf of the petitioner submits that any enactment, which is beyond the legislative competence is ultra vires. We do not find any substance in the submission of Mr. Chandra Shekhar. The very assumption that the Act has been enacted under Entry 66 of List I of the Seventh Schedule is absolutely misconceived. Entry 25 of List III (concurrent list) 3 makes education in the concurrent list. In that view of the matter, enactment pertaining to Teacher’s Education is within the power of the Union and it cannot be said that the impugned legislation is beyond the legislative competence. Mr. Chandra Shekhar, then submits that recognition once granted by the State Government ought not to have been rescinded by the impugned order. Undisputedly after coming into force of the Act, the power to grant recognition does not lie with the State Government. In such circumstance, the order rescinding the grant of recognition by the State Government cannot be said to be illegal. We do not find any merit in the application and it is dismissed with cost of Rs.30,000/- (Thirty thousand) to be paid by the petitioner to the State Government, the Union Government and the National Council of Teacher’s Education in equal proportion. Narendra/ (Chandramauli Kr. Prasad, ACJ.) (Mandhata Singh, J. )