IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6407 of 1997 VEER KUMAR SINGH INSTITUTE OF Physical Education, through its Secretary Sri Yoegendra Singh Gambhir, Goshala Road, Muzaffarpur. … Petitioner. Versus 1. THE STATE OF BIHAR through the Secretary of Youth Welfare Government of Bihar, New Secretariat, Patna. 2. Bihar School Examination Board, through its Secretary Sinha Library Road Patna. …Respondents. ----------- 6. 19.05.2011 Having heard Mr. S. Arshad Alam, learned counsel for the petitioner and Mr. S. N. Pathak, learned counsel for National Council for Teachers’ Education as with regard to the following relief:- “(a) A writ in the nature of mandamus commanding the respondent no. 2 to hold practical examination and publish the result of eligible students of the college till the affiliation and recognition is granted. (b) A writ in the nature of Mandamus, direction/directions to the respondent no. 1 to expedite the process of granting the recognisation and affiliation of the said college. (c) A writ in the nature of mandamus directing the respondent no. 1 to make physical inspection of the said college and to grant affiliation. (d) A writ in the nature of mandamus commanding the respondent no. 2 to publish a provisional result of the said examination till the pendency of this 2 application.” this Court is of the considered opinion that the facts remain admitted that the petitioner Institution is a unrecognized institution, the relief prayed for holding the examination and publishing results of such examination will be wholly impermissible both in provision of National Council for Teachers’ Education Act, 1993 as also law laid down on the subject by the Apex Court in a long catena of cases which has been recently reiterated in the case of Chairman, Bhartia Education Society vs. State of Himachal Pradesh & Ors., reported in 2011(2) PLJR 94(SC). Mr. Alam would submit that the petitioner’s case for recognition by NCTE should be directed to be expedited. Mr. Alam is not sure as to whether the petitioner Institution has made such an application and in fact there is no averment to this effect in the writ application which was filed in the year 1997 soon after coming into force of the NCTE Act which came into effect w.e.f. 17.8.1999. In that view of the matter, if the petitioner 3 Institution has already filed its application for grant of recognition before the NCTE, the same must be considered and disposed of on its own merit within a period of six months from the date of receipt/production of a copy of this order. However, if no such application has been filed by the petitioner Institution till today, it will have liberty to file such application and it is expected that the same shall also be disposed of within a period of six months from the date of filing of such application by the petitioner Institution. With the aforementioned observation and direction, this writ application is disposed of. kanchan (Mihir Kumar Jha, J.)