IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13516 of 2007 SWAMY DAYANAND ARYA(B.ED.)TEACHERS TRAINING COLLEGE, BIKRAM, PATNA Versus THE STATE OF BIHAR & ORS For the petitioner : M/S A.K.Chaudhary,Arun Kumar,Advocates. For the University : Mr. A Amanullah, Advocate. For the N.C.T.E. : Mr. S.N.Pathak, Advocate. ----------- 5. 7.5.2008. Heard learned counsel for the petitioner and the Magadh University. 2. Swamy Dayanand Arya(B.Ed.) Teachers Training College, Bikram, Patna(hereinafter referred to “ as the College)was recommended by the Affiliation Committee of the University on 1.12.1998 for being affiliated with the University and the recommendations under the signature of the Vice-Chancellor and Inspector of Colleges of the University is contained in Annexure-10 to this application. Whereafter the Registrar of the University under memo No.373 (A) dated 18.2.1999 as contained in Annexure-11 to this application taking note of the fact that the College has become an affiliated unit of the University informed the Assistant Registrar, that the College be registered for B.Ed. course for the Sessions 1992-93 to 1996-97 with intake capacity of 150 students in each Session. Copy of the said order was also marked to the 2 Secretary of the College. Later the Registrar even informed the Additional Controller of examination of the University that the College has been allowed affiliation for the aforesaid B.Ed. course for sessions 1992-93 to 1996-97 with intake capacity of 150 students in each session and further directed him to conduct such examination and the said order is also dated 18.2.1999 and as contained in Annexure-12. On the basis of the aforesaid two orders, Annexures-11 and 12, the registration and examination fee was taken from the College and the receipts are dated 23/24.3.1999 which is contained in Annexure-13. In spite of deposit of such registration and examination fees the students of the College were not allowed to appear in the B.Ed. examination, although B.Ed. examinations were regularly conducted by the University for the year 1999 onwards till the date of filing of the writ application i.e. 9.10.2007. 3. College filed this writ application praying inter alia to direct the University to permit its students of the aforesaid Sessions to appear in the B.Ed. examination conducted by the University. 3 4. By filing counter affidavit University has submitted that the College, although recommended for grant of affiliation but actually no order affiliating the College was ever issued and although registration and examination fees were deposited by the College but as the College was never affiliated, the students of the College were not allowed to appear in the B.Ed. examination conducted by the University right from the year 1999 till the date of the filing of this application. 5. It was further submitted that the students of the College had earlier approached this Court for directing the University to permit the students of the aforesaid session to appear in the B.Ed. examination conducted by the University but such request although allowed by the Single Judge was refused by the Division Bench when the Letters Patent appeal filed by the University against the order of the Single Judge was allowed under order dated 29.1.1997 as contained in Annexure-A to the counter affidavit. 6. Counsel for the petitioner in his rejoinder has submitted that the order of this Court dated 29.1.1997 passed in the said Letters 4 Patent Appeal will have no bearing over the facts of the present case as relief prayed for in this application proceeds on the basis that the Affiliation Committee of the University presided over by the Vice-Chancellor considered the case of the College on 1.12.1998 i.e. after the disposal of the said L.P.A. and recommended affiliation on the basis of which College and students were registered and examination fee deposited under receipt dated 23/24.3.1999 as such according to the learned counsel for the petitioner the said L.P.A. order will have no bearing on the facts of the present case. I see substance in the submission of the counsel for the petitioner that the L.P.A. order dated 29.1.1997 shall have no bearing over the facts of this case as writ application is founded on the basis of the recommendation of the Affiliation Committee which is dated 1.12.1998 including the subsequent orders issued by the Registrar of the University which is dated 18.2.1999 as contained in Annexures-11 and 12 as also the fact that the registration and examination fees were taken from the College on 23/24.3.1999 which is evident from Annexure-13. 6. Having held that the L.P.A. order 5 dated 29.1.1997 will have no bearing over the facts of this case still I am loath to grant the relief prayed for as the College having deposited the registration and examination fees on 23/24.3.1999 ought to have approached this Court within a reasonable time and not after seven years of the refusal of the University to admit its students in the B.Ed. Examination and accordingly on the ground of delay alone I dismiss this writ application. AFR Rajesh/ ( V. N. Sinha, J.)