IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No. 6 of 2011 MANAGING COMMITTEE OF BHAGWAN BUDH PRIMARY TEACHER’S EDUCATIONS COLLEGE BAJRAHIA, SIWAN THROUGH ITS SECRETARY SACHCHIDA NAND UPASAK SON OF LATE RAM BRIKSH UPASAK, RESIDENT OF VILLAGE BAJARAHIA, POLICE STATION – GAUTAM BUDH NAGAR, DISTRICT – SIWAN. --------- PETITIONER/APPELLANT. Versus 1. THE STATE OF BIHAR THROUGH THE SECRETRY (SECONDARY EDUCATION ) TO THE GOVERNMENT EDUCATION COMMISSIONER, DEPARTMENT O EDUCAITON, NEW SECRETARIAT, PATNA. 2. THE DIRECTOR OF EDUCAITON (RESEARCH AND TRAINING) DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT, BIHAR, NEW SECRETAIAT, PATNA. 3. THE JOINT SECRETARY, HUMAN RESOURCES DEVELOPMENT, GOVERNMENT OF BIHAR, NEW SECRETARIAT, PATNA. 4. BIHAR SCHOOL EXAMINATION BOARD, THROUGH ITS SECRETARY, PATNA. -------- (RESPONDENTS)/RESPONDENTS. ******* For the Appellant : Mr. Aditya Narayan Singh, Adv. For the State : Mr. P.K. Verma, A.A.G. XI For the Bihar School Examination Board : Mr. Manish Kumar, Adv. ******* 04. 04.04.2011 The present Letters Patent Appeal No. 6 of 2011 is filed against the order dated 06.10.2010 passed in C.W.J.C. No. 9524 of 2007 by learned Single Judge of this court dismissing the writ application filed by the petitioner. The appellant is the petitioner in writ petition. The main grievance is with regard to relief sought to grant the recognition to their institution in question for the academic sessions 1989-91 as well as 1990-92 as the recognition of two sessions till date has not been decided by the Director, Research and Training, Government of Bihar, despite the order passed by this court on 11.12.1992 in C.W.J.C. No. 7479/1992. Before learned Single Judge, the petitioner has relied upon the judgment 2 of the Apex Court in S.L.P. No. 4129/1989 dated 21st September 1990, wherein the Apex Court has observed that the recognition of the institution for the year 1987-89 and 1988-90 would revive by setting aside the order of the Government refusing to grant recognition by order dated 02.02.1989. The learned Single Judge having heard both the sides observed that after enactment of National Council for Teachers Education (N.C.T.E.) Act, the State has no role in the matter of grant of recognition and learned Single Judge further observed that as the petitioner sought recognition relating to the period prior to coming into force of the enactment and all the questions of recognition has to be considered as per the term of the law as the law exists as on today. The writ petitioner comes to this court only for the periods prior to enactment of N.C.T.E. Act. The above orders have been supplied into the present Letters Patent Appeal and the learned counsels on behalf of the appellant institution has more or less argued on the same lines as contended before the learned Single Judge and stating the judgment of the Apex Court. We had an occasion to go through the orders of Hon’ble Apex Court setting aside the orders of the State Government dated 02.02.1989 on the recognition for the periods and the Supreme Court has observed that the recognition for the periods 1987-89 and 1988-90 would revive but however, the fact remains that the appellant has come to this court only after a period of 17 years seeking the relief sought in the writ petition 3 which cannot be entertained by this court. Learned Single Judge has perfectly observed in the writ application that the petitioner has approached after two decades. We are also of the opinion that the appellant has come to this court nearly after a period of 17 years. On the ground of delay and latches, we also agree with the opinion of the learned Single Judge and accordingly, this Letters Patent Appeals stands dismissed. Rajeev/Praveen (T. Meena Kumari, J.) ( Akhilesh Chandra, J.)