IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE No.13927 of 2009 WITH I.A. No. 7726 of 2009 WITH I.A. NO. 77 of 2010 IN CIVIL WRIT JURISDICTION CASE No.13927 of 2009 ========================================== VIJAY KUMAR S/O LATE BHUNESHWAR PATHAK R/O MOHALLA- HANUMAN NAGAR, POLICE STATION- RAMPUR, DISTT.- GAYA Versus 1. THE STATE OF BIHAR THROUGH CHIEF SECRETARY, GOVERNMENT OF BIHAR, PATNA 2. THE CHAIRPERSON NATIONAL COUNCIL FOR TEACHER EDUCATION, NEW DELHI 3. THE CHAIRPERSON EASTERN REGIONAL COMMITTEE, NATIONAL COUNCIL FOR TEACHER EDUCATION, BHUBNESHWAR 4. THE VICE CHANCELLOR MAGADH UNIVERSITY, BODH GAYA, BIHAR 5. THE REGISTRAR MAGADH UNIVERSITY, BODH GAYA 6. DR. S.P. GAIKWAD, MEMBER, MANAGEMENT BOARD DR. B.R. AMBEDKAR COLLEGE OF EDUCATION, DO-MUHAN, BODH GAYA 7. SRI B.K. CHOUBEYJI, MEMBER SECRETARY, MANAGEMENT BOARD DR. B.R. AMBEDKAR COLLEGE OF EDUCATION, DO-MUHAN, BODH- GAYA 8. SRI MITHILESH KUMAR, MEMBER, MANAGEMENT BOARD DR. B.R. AMBEDKAR COLLEGE OF EDUCATION, DO-MUHAN, BODH-GAYA ========================================== with CIVIL WRIT JURISDICTION CASE No.9433 of 2010 ========================================== 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 2 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 ========================================== with CIVIL WRIT JURISDICTION CASE No.9372 of 2010 ========================================== 1. LICCHAVI COLLEGE OF TEACHER'S TRAINING, AT SRIKRISHNA NAGAR, VILL.- DIGHI KALAN, P.O.- DIGHI KALAN, P.S.- HAJIPUR SADAR, TALUKA- HAJIPUR, DISTT.- VAISHALI, BIHAR- 844101 THROUGH ITS MANAGING TRUSTEE DR. ASHUTOSH CHANDRA, S/O SRI SURESH CHANDRA PRASAD SINHA 2. L.N.MISHRA COLLEGE OF BUSINESS MANAGEMENT, BHAGWANPUR CHOWK, MUZAFFARPUR, BIHAR- 842001 THROUGH ITS REGISTRAR SRI K.S.SHEKHAR, S/O LATE NIGMANAND KUMAR 3. DR.S.P.SINGH COLLEGE OF TEACHER EDUCATION, AT VILL.- LAXMIPUR, P.O.- SHANKAR SARAIYA, CITY- MOTIHARI, DISTT.- EAST CHAMPARAN, BIHAR THROUGH THE SECRETARY MR.PRAKASH ARUN, S/O DR.S.P.SINGH 3 4. ORIENTAL COLLEGE OF EDUCATION, SCHOLAR PUBLIC SCHOOL ( CAMPUS ), MOH.- FAIZULLAHKHAN, KHAN CHOWK, DARBHANGA, BIHAR- 846004 THROUGH THE SECRETARY DR. SYED ABDUL HAKEEM, S/O DR.SYED ABDUL HAFIZ SALFI 5. R.P.S.TEACHERS TRAINING COLLEGE, NEW BAILEY ROAD, DANAPUR, PATNA, BIHAR- 801503 THROUGH THE SECRETARY MR.SAKALDEO SINGH, S/O LATE TILAKDHARI SINGH 6. SHIVAM TEACHERS TRAINING COLLEGE, PATNA, RAJEEV NAGAR, P.O.- KESRI NAGAR, DISTT.- PATNA, BIHAR- 800024 THROUGH THE SECRETARY MRS.NITU SINHA, W/O SRI ASHOK KUMAR 7. NATIONAL TEACHER'S TRAINING COLLEGE, KHAZANCHI ROAD, DISTT.- PATNA, BIHAR- 800004 THROUGH THE SECRETARY MR.JAHANGIR KHAN, S/O LATE MD.JABBAR KHAN 8. MIRZA GHALIB TEACHER'S TRAINING COLLEGE, A/7, INDRAPURI COLONY, ASHIYANA ROAD, RAJA BAZAR, PATNA, BIHAR- 800014 THROUGH THE SECRETARY MR.M.A.HAIDER, S/O LATE MD.ISMAIL AHMAD 9. MAGADH TEACHER'S TRAINING ( B.ED. COLLEGE ), AT VILL.- DANIBIGHA, P.O.- AURANGABAD, DISTT.- AURANGABAD, DISTT.- AURANGABAD, BIHAR- 824101 THROUGH ITS PRESIDENT MR.BAJRANGI SINGH, S/O LATE BHUNESHWAR SINGH 10. MAHILA MAHAVIDYALAYA, AT MUDILA, P.O.- AMBA, DISTT.- AURANGABAD, BIHAR- 824111 THROUGH THE SECRETARY MR.RANA PRATAP SINGH, S/O SRI SUNDERDEO SINGH 11. SIDDARTHA TEACHER'S TRAINING COLLEGE, AT VILL. & P.O.- JEHANABAD, DISTT.- JEHANABAD, BIHAR- 804408 THROUGH THE SECRETARY DR. AJAY KUMAR, S/O DR. CHANDRIKA PRASAD Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVT. OF BIHAR, PATNA 2. NATIONAL COUNCIL FOR TEACHERS EDUCATION, HQRS. ( A STATUTORY BODY OF THE GOVERNMENT OF INDIA ), HANS BHAWAN, WING- II, 1, BAHADUR SHAH ZAFAR MARG, NEW DELHI- 110002 THROUGH ITS CHAIRPERSON 3. NATIONAL COUNCIL FOR TEACHERS EDUCATION, EASTERN REGIONAL COMMITTEE ( A STATUTORY BODY OF THE GOVERNMENT OF INDIA ), 15, NEELAKANTHA NAGAR, NAYAPALLI, 4 BHUBANESWAR THROUGH THE REGIONAL DIRECTOR 4. MAGADH UNIVERSITY, BODH GAYA, DISTT.- GAYA THROUGH ITS REGISTRAR 5. L.N.MITHILA UNIVERSITY, KAMESHWAR NAGAR, DARBHANGA THROUGH ITS REGISTRAR 6. B.R.AMBEDKAR BIHAR UNIVERSITY AT MUZAFFARPUR, DISTT.- MUZAFFARPUR THROUGH ITS REGISTRAR 7. HASIB AHMAD S/O LATE SRI M.A. WAFI, MEMBER SECRETARY NATIONAL COUNCIL FOR TEACHERS EDUCATION, ( A STATUTORY BODY OF THE GOVERNMENT OF INDIA ), HANS BHAWAN, WING- II,1, BAHADUR SHAH ZAFAR MARG, NEW DELHI- 110002 8. PROF.C.THANGAMUTHU S/O NOT KNOWN, CHAIR PERSON SOUTHERN REGIONAL COMMITTEE ( S.R.C. ), NATIONAL COUNCIL FOR TEACHERS EDUCATION, BANGALORE 9. PROF.R.P.BHATNAGAR S/O NOT KNOWN, FORMER DEAN DEPARTMENT OF EDUCATION, C.C.F.UNIVERSITY, MERUT 10. PROF.NAJMA AMIN W/O, D/O NOT KNOWN, MEMBER JAMIA MILLIA ISLAMIA, NEW DELHI ========================================== with CIVIL WRIT JURISDICTION CASE No. 9394 of 2010 ========================================== DR. JAGARNATH MISHRA MAHAVIDALA VILLAGE CHANDWARA, P.S. RAMNA, TOWN MUZAFFARPUR, DISTRICT MUZAFFARPUR THROUGH ITS PRINCIPAL NAGINA, S/O LATE RAMDENI RAM. Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY , HUMAN RESOURCES DEVELOPMENT DEPARTMENT, BIHAR,PANTA 2. NATIONAL COUNCIL FOR TEACHERS EDUCATION, HQRS. (A STATUTORY BODY OF GOVT. OF INDIA), HANS BHAWAN, WING II,1, BAHADUR SHAH ZAFAR MARG, NEW DELHI-110002 THROUGH THE REGIONAL DIRECTOR. 3. NATIONAL COUNCIL FOR TEACHERS EDUCATION, EASTERN REGIONAL COMMITTEE, (A STATUTORY BODY OF GOVT. OF INDIA), 15, NEELAKANTHA NAGAR,NAYAPALLI,BHUBANESHWAR THROUGH THE REGIONAL DIRECTOR. 5 4. BABA SAHEB BHIMRAO AMBEDKAR BIHAR UNIVERSITY,THROUGH ITS REGISTRAR, MUZAFFARPUR. ========================================== Appearance: (In CWJC No.13927 of 2009) For the Petitioner: Mr. BASANT CHOUDHARY, Sr. ADVOCATE Mr. PRAMOD KUMAR For the N.C.T.C.: Mr. S.N.PATHAK For the L.N.M.U.: Mr. PUSHKAR NARAIN SHAHI (In CWJC No.9433 of 2010) For the Petitioner: Mr. SANJEEV KUMAR For the Respondent: Mr. S.N.PATHAK (In CWJC No.9372 of 2010) For the Petitioner: Mr. Y.V. GIRI, Sr. ADVOCATE Mr. RAJU GIRI For the Respondent:Mr. S.N.PATHAK Mr. PUSHKAR NARAIN SHAHI (In CWJC No.9394 of 2010) For the Petitioner: Mr. LAKSHMI KANT SHARMA Mr. RAJESH KUMAR For the Respondent: Mr. HARENDRA KUMAR TIWARY ========================================== CORAM:HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 12. 08.09.2010 C.W.J.C. No. 13927 of 2009 under Article 226 of the Constitution is filed by one Vijay Kumar in Public Interest. It is the grievance of the writ petitioner that Dr. B.R. Ambedkar College of Education, Do-Muhan, Bodh Gaya has received recognition from the National Council for Teachers Education (N.C.T.E.) on the basis of forged and fabricated documents. The filing of the writ petition led to a larger enquiry in respect of education colleges in the State of Bihar. 6 By various orders made on this writ petition the N.C.T.E. was mobilized to make inspection of every education college in the State of Bihar and to make a report. The report is placed on the record of this petition (page 514) along with the written statement (page 504). Undoubtedly, all education colleges have not met the parameters set out by the N.C.T.E. for recognition. The N.C.T.E. has also undertaken action against the colleges to meet the deficiencies. In our opinion, the N.C.T.E. having been activated; having made inspection of every college and having taken appropriate action, the purpose of this petition has been served. In view of the order dated 19th January 2010 and the order dated 10th May 2010 (Coram: Dipak Misra, CJ & Mihir Kumar Jha, J.), no further order is required to be made on this petition. We may note here that the education colleges are aggrieved by the action of the N.C.T.E., some have also challenged the findings in respect of the deficiencies pointed out in the above referred report (page 514); some of the institutions have filed application to intervene in this writ petition. The Intervenors may file substantive proceedings. The substantive writ petitions filed by the education colleges will be individually dealt with by the concerned Bench. The N.C.T.E. will be at liberty to move the concerned Bench for vacation of the Stay granted in each matter. 7 Subject to the above observations C.W.J.C. No. 13927 of 2009 is disposed of. I.A. No. 7726 of 2009 and I.A. No. 77 of 2010 stand disposed of. Rest of the writ petitions will be notified before the learned Single Judge. S.Sb/- (R.M. Doshit, CJ.) (Jyoti Saran, J.)