ORDER S.J. Mukhopadhaya, J. 1. Petitioners Bethesda Womens Teachers Training College, Ranchi and others have preferred this writ petition for issuance of a writ of mandamus on the respondents to conduct B.Ed. Examination of the students of the petitioner- College immediately and forthwith, who were admitted since 1995 and are eligible to appear at B.Ed. Examination. 2. The brief fact of the case is that the Board of Properties (Gossner Evangelical Lutheran) GBL for short Church in Chhotanagpur & Assam, allotted 3 Acres and 2 Decimals of land on 7th August, 1979 for College and its permanent use for the purpose of establishing and imparting teachers training. The educational institution was established by the said Society, a minority Christian Religious Body. The College was granted temporary affiliation by the Government of Bihar for the Session 1987-88 and 1988-89 under the Ranchi University, which was informed by letter dated 30th January. 1990, The issue relating to affiliation of the College by the University an its approval by the Government of Bihar for the subsequent period while remained pending, the National Council for Teachers Education NCTE for short, was formed under NCTE Act, 1993 which came into existence effect from 1st July, 1995. The College was granted affiliation by the University and approval by the State Government for the subsequent Session 1989-90 to 1994-95 by the letter of Government of Bihar. Department of Secondary, Primary & Adult Education, dated 29th December. 1994/ 13th July. 1995. 3. As after existence of NCTE it was mandatory to have recognition since 1st July. 1995, the petitioner-College made application on 10th April. 1996 for registration of the College and its recognition by NCTE, Bhubaneshwar. The NCTE. Bhubaneshwar, in its turn, ultimately issued Order No. 9543 dated 17/21st June, 1999, granting provisional recognition to B.Ed. Course of one year duration to the College for the academic year 1999-2000 with intake of 80 students, subject to removal of certain minor deficiencies-It was followed by Order No. 143 dated 14th January. 2000, issued by the NCTE. Bhubaneshwar, extending provisional recognition for another one year with effect from the academic year 2000-2001 with intake of 80 students. 4. Ranchi University Respondent No. 2 while not disputed the aforesaid fact, stated that the Teachers Training College in question was inspected and recommended to the Government for affiliation of subsequent period on 19th September. 2000, issued by the NCTE. Bhubaneshwar, extending provisional recognition for another one year with effect from the academic year 2000-2001 with intake of 80 students. 4. Ranchi University Respondent No. 2 while not disputed the aforesaid fact, stated that the Teachers Training College in question was inspected and recommended to the Government for affiliation of subsequent period on 19th September. 1998 but no reply was received from the State Government. It has merely taken plea that the College being not an affiliated college of Ranchi University, it is not possible to hold examination. Further, plea was taken that the NCTE has given conditional recognition only for two academic years Le. 1999-2000 and 2000-2001, with further plea that NCTE is not an affiliating body and, accordingly, the Council can not accord affiliation but only grant recognition. 5. The aforesaid submission, made on behalf of Ranchi University, is misconceived and can not be accepted as the NCTE is a Body created by the Central Government under the Central Act, namely, National Council for Teachers Education Act, 1993. 6. On notice, though the NCTE respondent No. 5 has appeared through its counsel but no counter affidavit has been field on its behalf and the statement made in the writ petition and supplementary affidavit stands uncontroverted. However, its counsel Mr. P.P. Agarwal opposed the prayer to allow the students of academic years 1995-96 to 1998-99 to appear in the B.Ed. Examination, NCTE having granted provisional recognition for the academic years 1999-2000 and 2000-2001 only. 7. Counsel for the petitioners placed reliance on proviso to Section 14 of the NCTE Act, 1993, which stipulates that an institution offering a course or training for teachers education immediately before the appointed date, shall be entitled to continue such course or training for a period of six months, if it has made an application for recognition within the said period and until the disposal of the application by the Regional Committee. However, such submission was opposed by the counsel for the University and NCTE, as according to them, the petitioner-college not having applied within six months period, in terms with proviso to Section 13. Counsel for the NCTE also relied on Section 17 of the NCTE Act, 1993, which stipulates the consequences in case of contravention of the provisions of the Act. Counsel for the NCTE also relied on Section 17 of the NCTE Act, 1993, which stipulates the consequences in case of contravention of the provisions of the Act. However, no such contravention having been alleged against the petitioner- college, it is not necessary to discuss the aforesaid provision. 8. At this stage, it may be mentioned that the NCTE came into existence since the appointed day, i.e. 1st July, 1995. Under proviso to Section 14 of Act, 1993 the institutions already imparting training were entitled to apply within six months i.e. by 31st December, 1995. It has been brought to the notice of the Court by the petitioners that the time prescribed under the proviso was extended by NCTE. A public notice was published in various newspapers in April, 1997 asking the institutions to submit their applications by May 15, 1997. It was further extended by public notice published in Employment News dated 26th July- 1st August, 1997, whereby, the last date to submit applications was extended to August 18, 1997. 9. Admittedly, the petitioner-college applied for furnishing application form to the Regional Director, Eastern Regional Committee, Bhubaneshwar, by its letter dated 10th April, 1996 and forwarded a Bank Draft for Rs. 100/-. It was acknowledged by NCTE, which forwarded the application form and the petitioner, in its turn, sent back such application form in time, which will be evident from NCTEs communication F No. 4306 dated 14th October, 1997, whereby, they had not rejected the application on the ground of time barred but asked the petitioner- institution to forward certain more documents. Such documents and informations, as called for by the NCTE, having been forwarded by the petitioner-institution, the provisional recognition was granted for the academic years 1999-2000 and 2000-2001 vide letters dated 17th/21st of June. 1999 and 14th January, 2000 respectively. The petitioners have enclosed the communications, as taken place in the meantime, as Annexures 18. 19, 20, 21, 22, 23 and 24 to the writ petition. 10. From the facts aforesaid, it will be evident that the college in question was affiliated by Ranchi University and approved by the State of Bihar for the Sessions 1987-88 and 1988- 89, followed by affiliation and approval, granted for the Sessions 1989-90 to 1994-95 and the students were allowed to appear at B.Ed. Examination, conducted by the Ranchi University. 10. From the facts aforesaid, it will be evident that the college in question was affiliated by Ranchi University and approved by the State of Bihar for the Sessions 1987-88 and 1988- 89, followed by affiliation and approval, granted for the Sessions 1989-90 to 1994-95 and the students were allowed to appear at B.Ed. Examination, conducted by the Ranchi University. So far as affiliation by University and approval by the State Government for the subsequent period is concerned, it has been granted for the Sessions 1995-96 onwards permanently by the Government of Bihars letter No. 158 dated 4th July, 1997. The Chancellor of the Universities, exercising power of the Senate under Section 10(12) of the Bihar Universities Act, 1976, also allowed separate affiliation for the Sessions 1995-96 onwards as is evident from its letter No. CE/1761-62 dated 19th September, 1998. The NCTE whose recognition was mandatory since July, 1995, also provisionally recognised it for the academic years 1999-2000 and 2000-2001, which is not in dispute. In the circumstances, there appears to be no reason to deny the students for the Academic Sessions 1999-2000 and 2000-2001 to appear at the B.Ed. Examination, as being conducted by the University. 11. The only question arises as to whether the students of the Sessions 1995-96 to 1998-99 can be denied to appear at the B.Ed. Examination, no formal recognition having been granted by the NCTE, though the college remained affiliated with the University and approved by the State Government for such period. 12. Similar question fell for consideration in the case of Lusi Hansda & others v. The State of Bihar reported in 2000 (1) JLJR page 85 : 2001 (1) JCR 75. In the said case, this court taking into consideration the provisions of Sections 14 and 16 of the Act. 1993, held that though for recognition of an institution, already offering the courses of training in teachers education, it is mandatory to obtain recognition from the Council, but the question of affiliation of an institution by the University arises only in the case of an institution, which is not affiliated and such question for fresh affiliation by the University does not arise, once the institution is an affiliated one by the University within the approval of the State, in absence of an order of de- affiliation/de-recognition. In the aforesaid case, the NCTE recognised the academic Sessions. 1997-98 onwards. In the aforesaid case, the NCTE recognised the academic Sessions. 1997-98 onwards. The question arose in respect to the students of the Sessions 1996-97 who were allowed to study during the pendency of the application but in respect to the academic Session no formal order of recognition was issued by the NCTE, the Court held that the students of such academic Sessions 1996- 97 can not be deprived, being saved under proviso to Sub-section (1) of Section 14 of the NCTE. Act. 1993. 13. In the present case, the petitioner-college was to apply under proviso to Subsection (1) of Section 14 of the Act. 1993 by 31st of December. 1995. However. It is the NCTE which extended the date to August 18, 1997 by public notice dated 26th July-1st August, 1997. The petitioner-institution having applied within the aforesaid period, the students of the academic Session 1995-96 to 1998-99 can not be deprived from appearing in such examination, as they are also saved under proviso to Sub-section (1) of Section 14 of the Act, 1993. 14. The respondent-Ranch! University is, accordingly, directed to hold B.Ed. Examination for the students of the petitioner-college for the academic Sessions 1995-96. 1996-97. 1997-98. 1999-99. 1999-2000 and 2000-2001 and allow such students of the petitioner-college up to the limit of in take Le. 80 students per year to appear in B.Ed. Examination and to conclude such examination within two months from the date of receipt/ production of a copy of this order. The result of such examination be published at an early date, preferably within three months from the last date of such examination. Counsel for the Ranchi University will in form of this judgment to the Vice- Chancellor, Ranchi University, who is to ensure compliance of this judgment. 15. The writ petition is allowed with the aforesaid observations and directions. 16. Writ petition allowed.