IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10 of 2009 1. ISLAMIA PRIMARY TEACHER EDUCATION COLLEGE, PHULWARISHARIF, PATNA & ORS. Versus THE STATE OF BIHAR & ORS . ----------- 6/ 20/09/2010 Heard learned counsel for the petitioner and learned counsel for the State as also for the N.C.T.E. The issue in this case relates to the blanket categorization of the petitioner institution as ‘unrecognized’ debarring its students from applying and to be considered for appointment on the post of Primary Teachers in the State Government Elementary Schools. The controversy has adequately been noticed in the order dated 27.1.2009 that the institution did have recognition for certain periods and therefore there may not be sufficient justification for a blanket categorization as ‘unrecognized’. Counter affidavit has been filed on behalf of the respondents. There does not appear to be any controversy with regard to recognition of the petitioner from the Sessions-1984- 86 to 1987-89, 1988-90 and 1989-91 onwards. Conditional recognition was granted for the sessions-1997-99, 1999-2000 and 2000-01. The sessions prior to 2000-02 pose no issues at all as the State does not dispute it. Therefore, those who have obtained their qualifications from the petitioner institution during the periods noticed above are entitled to be considered. - 2 - The State respondents from annexure-B to the counter affidavit contend that the institution lost its recognition during the last session by an order dated 8.5.2001. The petitioners have brought on record as annexure-17 another communication dated 20.7.2004 addressed to the Secretary, Department of Primary and Adult Education, Government of Bihar bearing No.BR-E/E-1/971/2171 that the order for cancellation of recognition dated 8.5.2001 shall be operative with effect from the end of the academic session next following the communication of such order. If that be so, those who have taken admission in the session commencing the year-2000 will be deemed to have taken admission in a valid session on recognition and are therefore also entitled to be considered. The candidates whose interviews are stated to have been held conditionally by the State Government under the orders of this Court are now required to be considered for appointment in accordance with law. This Court therefore expects that the State shall act in accordance with the interim orders dated 27.1.2009 and 4.3.2009 responsibly rather than burden the Court with completely avoidable litigation. The writ application is disposed. KC ( Navin Sinha, J.)