IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9447 of 2009 DR. AMBEDKAR HINDI SANSKRIT VIDYAPITH, BIHAR-CUM-EDUCATION & TRAINING INSTITUTE AT JOKIA, P.O. JOKIA, DISTRICT BEGUSARAI, BIHAR THROUGH ITS MANAGING DIRECTOR----PETITIONER. Versus 1. THE UNION OF INDIA THROUGH SECREARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVT. OF INDIA, NEW DELHI. 2. NATIONAL COUNCIL FOR TEACHER EDUCATION, HANS BHAWAN, WING-II, 1, BAHADURSHAH ZAFAR MARG, NEW DELHI-110002 THROUGH ITS MEMBER SECRETARY. 3. THE MEMBER SECRETARY, NATIONAL COUNCIL FOR TEACHER EDUCATION, HANS BHAWAN, WING-II, 1, BAHADURSHAH ZAFAR MARG, NEW DELHI-110002. 4. NATIONAL COUNCIL FOR TEACHER EDUCTION, EASTERN REGIONAL COMMITTEE, 15 NEELKANTHA NAGAR, NAYAPALLI, BHUBANEWAR-751012, THROUGH ITS REGIONAL DIRECTOR. 5. THE REGIONAL DIRECTOR, NATIONAL COUNCIL FOR TEACHER EDUCATION, EASTERN REGIONAL COMMITTEE, 15, NEELAKANTHA NAGAR, NAYAPALLI, BHUBANESWAR-751012----RESPONDENTS. For the Petitioner : M/S Rajendra Pd. Singh(Sr. Advocate), Rajeev Kumar, Omkar Kumar, Rakesh Kr. Singh. For the Respondents : Mr. S.N. Pathak, Adv. ----------- 02. 10.08.2009 Heard learned counsel for the petitioner and the counsel for the Notational Council for Teacher Education, Eastern Region(hereinafter referred to as “the NCTE”). 2. Petitioner institution is aggrieved by the order of the Regional Director, NCTE dated 24.12.2008 as also the appellate order dated 21.5.2009 passed by the Member, Secretary of NCTE as contained in Annexures-1 and 2 whereunder their request to grant recognition to the petitioner institution has been rejected. 3. It is submitted on behalf of the petitioner institution that from perusal of the two impugned orders itself it appears that the request for grant of recognition has been refused by the authorities of the NCTE on the ground that the petitioner institution could not furnish ownership document of the land over which the institution is situate as also the approved building plan and completion certificate. In this connection it is pointed out that true it is that the ownership document was not filed with the application form as the donor of the - 2 - land was ill and not in a position to execute the document but his affidavit was filed along with the approved building plan and completion certificate under the signature of the Mukhiya of the Gram Panchayat as the land over which the school building has been raised is situate within the Gram Panchayat. It is further pointed out that the gift deed transferring the ownership of the land over which school building has been raised was filed with the memo of appeal but without taking into account the gift deed, the appellate authority has rejected the appeal of the petitioner institution by passing a cryptic order without giving any reasons in support of the order. 4. Having heard counsel for the parties, I set aside the appellate order dated 21.5.2009, Annexure-2 and remit back the matter to the Regional Director to reconsider the matter in the light of the provisions contained in Section 14(3)(b) of the N.C.T.E. Act, 1993 as per the ownership document to be filed once again by the petitioner institution before the Regional Director. While considering the matter, it shall be open to the Regional Director to ensure inspection of the building whether the same is situate within the Gram Panchayat and if it is within the Gram Panchayat then whether the same has been raised in the light of the building plan and the completion certificate issued by the Gram Panchayat concerned. Having made the inspection, if the Regional Director is satisfied that the owner of the land has donated the land to the petitioner institution and the building is as per the plan approved by the Mukhiya then he shall recall his order dated 24.12.2008, Anneuxre-1 and proceed to grant recognition to petitioner - 3 - institution in accordance with law. The Regional Director must pass order in the recognition matter as early as possible, in any case within three months from the date of receipt of the document, building plan and completion certificate along with a copy of this order. 5. This writ application is, accordingly, disposed of. Rajesh/ (V.N.Sinha, J.)