IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9433 of 2010 1. VIMAL VIBHUTI COLLEGE OF EDUCATION, AT D.P.S. BHAGALPUR CAMPUS, DEEKSHAPURAM, SABOUR, BHAGALPUR THROUGH ITS MANAGER MR. DEEPAK KUMAR SINHA, S/O SRI K.N.SINHA Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVT. OF BIHAR, PATNA 2. THE DEPUTY DIRECTOR RESEARCH & TRAINING, H.R.D. DEPARTMENT, GOVT. OF BIHAR, PATNA 3. NATIONAL COUNCIL FOR TEACHERS EDUCATION HQR. ( A STATUTORY BODY OF THE GOVERNMENT OF INDIA ), HANS BHAWAN, WING- II, BAHADUR SHAH ZAFAR MARG, NEW DELHI- 110002 THROUGH ITS CHAIRPERSON 4. NATIONAL COUNCIL FOR TEACHERS EDUCATION, EASTERN REGIONAL COMMITTEE ( A STATUTORY BODY OF THE GOVERNMENT OF INDIA ) 15, NEELAKANTHA NAGAR, NAYAPALLI, BHUBANESHWAR THROUGH THE REGIONAL DIRECTOR 5. TILKA MANJHI UNIVERSITY, BHAGALPUR, DISTT.- BHAGLPUR, THROUGH ITS REGISTRAR 6. HASIB AHMAD S/O LATE SRI M.A.WAFI, MEMBER SECRETARY NATIONAL COUNCIL FOR TEACHERS EDUCATION HQRS. ( A STATUTORY BODY OF THE GOVERNMENT OF INDIA ), HANS BHAWAN, WING- II, BAHADUR SHAH ZAFAR MARG, NEW DELHI- 110002 7. PROF. C. THANGAMUTHU S/O NOT KNOWN, CHAIR PERSON SOUTHERN REGIONAL COMMITTEE ( S.R.C. ), NATIONAL COUNCIL FOR TEACHERS EDUCATION, BANGALORE 8. PROF.R.P.BHATNAGAR S/O NOT KNOWN FORMER DEAN, DEPARTMENT OF EDUCATION, C.C.F.UNIVERSITY, MERRUT 9. PROF.NAJMA AMIN W/D OF NOT KNOWN MEMBER, JAMIA MILLIA ISLAMIA, NEW DELHI ----------- For the Petitioner:- Mr. Chitaranjan Pd. Sinha, Sr. Adv. Mr. Sanjeev Kumar, Adv. For the Respondents University:- Mr. Ashok Kumar Keshari, Adv. For the N.C.T.E. :- Mr. S.N. Pathak, Adv. ------------ 4. 2.11.2010 Heard learned counsel for the petitioner, for the N.C.T.E. and for the Tilka Manjhi University, Bhagalpur. The petitioner institution was granted 2 permission for a B.Ed course by the N.C.T.E with an intake capacity of 100 students on 4th June, 2007. Affiliation was granted by the University on that basis on 30.4.2008. C.W.J.C. No. 13927 of 2009 was filed as a Public Interest Litigation to withdraw recognition to one Dr. B. R. Ambedkar College of Education situated at Bodh Gaya. This Court called upon the central council of N.C.T.E. to constitute a committee of three members to inspect each college granted the benefit of recognition and to submit a report. A detailed report was submitted vide Annexure-4 to the present writ application in which the petitioner University figures at serial-20 with IV deficiencies pointed out in the grant of recognition. In pursuance to the same, a show cause notice has been issued to it by N.C.T.E. on 28.5.2010 granting it 21 days time to explain failing which the N.C.T.E. shall take a decision as it may deem fit and proper. A Bench of this Court on 23.6.2010 restrained the respondents from taking any coercive action against the petitioner institution on basis of the aforesaid inspection report. Learned counsel for the petitioner strenuously urges that the petitioner fulfills the 3 requirements and in pursuance of which alone recognition had been granted. The show cause notice is therefore challenged as being without justification in law. Matters of grant of recognition involves issues of fact regarding physical fulfillment of requirements. The N.C.T.E. being an expert body, it shall not be the jurisdiction of the Court to take over the functions of the N.C.T.E. with regard to these issues of facts. If recognition had been granted, it subsists according to law and can be withdrawn and/or cancelled, or a show cause notice given for cancellation at any time if it is found that recognition granted was not in accordance with law or the stipulations on which recognition was granted no more exist. These questions of fact can appropriately be examined only after the petitioner files it response to the show cause notice. Naturally all issues including grant of original recognition, a fresh inspection by the special team constituted in the Public Interest Litigation, the show cause given to the petitioner and the cause shown shall all be relevant considerations for a final determination. Counsel for the N.C.T.E. places an order of this Court in C.W.J.C. No. 9416 of 2010 declining 4 to interfere at this stage against a show cause notice. The petitioner had been granted 21 days to file his reply to the show cause. Relying on C.W.J.C. No. 9146 of 2010 itself for reasons of the discussion contained therein, the time limit is extended in like manner and for the like period as has been granted to Government institution i.e., six months from today. Let the N.C.T.E. then take a final decision on the issue of grant of recognition to the petitioner within a maximum period of 8 weeks from the date of receipt of the cause shown by the petitioner and granted them a personal hearing, if they so request. The application stands disposed. P. Kumar ( Navin Sinha, J.)