IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9906 of 2010 1. MITHILA TEACHERS TRAINING COLLEGE BASUARA, DISTT-MADHUBANI THROUGH ITS PRINCIPAL DR. MD. EHSANUL HAQUE Versus 1. THE STATE OF BIHAR 2. THE CHANCELLOR , UNIVERSITIES OF BIHAR RAJ BHAWAN, PATNA 3. THE VICE-CHANCELLOR LALIT NARAIN MITHILA UNIVERSITY ,KAMESHWAR NAGAR,DARBHANGA For the petitioners: Shri Bibhuti Pandey, Sr. Adv. Mr. Jagarnath Singh, Adv. For the N.C.T.E. : Mr. S.N. Pathak, Adv. For the University : Mr. Pushkar Narain Shahi, Adv. ----------- 6/ 02/11/2010 Heard learned counsel for the petitioner, for the State, for the N.C.T.E. and for the Lalit Narayan Mithila University. The petitioner institution seeks the relief for grant of affiliation by the respondent University consequent to the grant of recognition and permission by the N.C.T.E. for the session ‘2009-2010 with an intake capacity of 100 students for running the B.Ed. course for the secondary level for imparting B.Ed. training to the students. The University is stated to have granted affiliation initially for the session ‘2009-2010’only. Learned counsel for the N.C.T.E. submits that the issue of grant of recognition to the petitioner institution is under re-consideration. Learned counsel for the petitioner rightly relies upon the judgement of the Supreme Court reported - 2 - in (2006) 9 SCC 1 (STATE OF MAHARASHTRA Versus SANT DNYANESHWAR SHIKSHAN SHASTRA MAHAVIDYALAYA AND OTHERS) to submit that so long as the recognition and permission granted by the N.C.T.E. commencing from the session ‘2009-2010’ subsists, the University cannot withhold affiliation. The University is directed to consider the issue of grant of permanent affiliation in light of the discussions contained in the aforesaid judgement of the Supreme Court consequent to the grant of permanent recognition and permission by the N.C.T.E., let the same be done by a reasoned and speaking order within a maximum period of four weeks from the date of receipt/presentation of a copy of this order. Needless to state that if the permanent affiliation is founded on the ground of grant of permanent recognition and permission by the N.C.T.E., should the grant of permission and recognition by the N.C.T.E. be recalled in accordance with law, the affiliation shall automatically cease. The writ application is disposed in the aforesaid terms. KC ( Navin Sinha, J.)