IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2240 of 2010 1. VIMAL BIBHUTI COLLEGE OF EDUCATION, D.P.S. CAMPUS, DIKSHAPURAM, SABOUR, BHAGALPUR, P.S. SABOUR, DISTT.- BHAGALPUR, BY ITS MANAGER DIPAK KUMAR SINHA S/O SRI K.N. SINHA R/O BABUPUR, NEAR D.P.S. TEMPLE, P.O. & P.S.- SABOUR, DISTT.- BHAGALPUR Versus 1. THE STATE OF BIHAR 2. THE STATE OF BIHAR THROUGH PRINCIPAL SECRETARY HUMAN RESOURCESW DEVELOPMENT DEPARTMENT, GOVT. OF BIHAR, PATNA 3. THE DIRECTOR HIGHER EDUCATION, GOVT. OF BIHAR. PATNA 4. THE DIRECTOR, ( ADMINISTRATION)-CUM- JOINT SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVT. OF BIHAR, PATNA 5. THE VICE-CHANCELLOR TILKAMANJHI BHAGALPUR UNIVERSITY, BHAGALPUR 6. THE REGISTRAR, TILKAMANJHI BHAGALPUR UNIVERSITY, BHAGALPUR ----------- 03 29.03.2010 Heard learned counsel for the petitioner, learned counsel for the State of Bihar and learned counsel for the Tilka Manjhi Bhagalpur University, Bhagalpur. It is not in controversy between the counsels for the parties that the petitioner institution has been granted permanent recognition by the National Council for Teachers Education (hereinafter referred to as the N.C.T.E.) for an intake capacity of 100 students by order dated 04.06.2007. The grievance of the petitioner institution is that notwithstanding the same, the University was refusing to grant permanent affiliation, when the State Government was failing in its duty to grant the necessary permission for establishment of the college. 2 Strong reliance has been placed on a judgment of the Supreme Court reported in 2006 (9) SCC 01 (STATE OF MAHARASHTRA VERSUS SANT DNYANESHWAR SHIKSHAN SHASTRA MAHAVIDYALAYA AND OTHERS) more particularly paragraphs- 63, 64 and 76 thereof holding that it was the N.C.T.E. which was the nodal authority for enforcing standards of education and the requirements for meeting the same, rejecting the objection on behalf of respondent University and the State Government as discussed therein. Learned counsel for the University very fairly submits that in view of the permanent affiliation grated by the N.C.T.E. and the judgment sought to be relied upon, the University was obliged to consider the matter for permanent affiliation in accordance with law. The counter affidavit of the State authorities, more particularly in paragraphs 9 and 10 thereof reflects only the requirement for fulfillment of certain procedural formalities by the University to enable the State to pass appropriate orders in accordance with law. The application is disposed with directions, both to the University and the State of 3 Bihar to act in accordance with law, laid down by the Supreme Court as discussed above both on the issue on the permission and grant of permanent affiliation within a maximum period of two months from the date of receipt/production of a copy of this order, applicable equal both the State of Bihar and the University. This Court further directs that in view of the permanent recognition granted by the N.C.T.E., the University is obliged to accept the fees and forms and permit the students to appear at the ensuing examination in May, 2010 for the Session 2009-10 of the petitioner institution. The application stands disposed. P.K. (Navin Sinha, J.)