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Jharkhand High Court · body

2002 DIGILAW 311 (JHR)

Ursline Primary Techers Education College Etc. Etc. v. State Of Jharkhand

2002-03-07

M.Y.EQBAL

body2002
ORDER M.Y. Eqbal, J. 1. In these writ applications since common question of law and facts are involved, the same are disposed of at the admission stage by this common order. 2. The writ petitioners seek direction upon the respondents to immediately and forthwith conduct and hold the Primary Teachers Training Examination for the Sessions 1993-95. 1994-96, 1995-97. 1996-98. 1997-99. 1998-2000 and 1999-2001. which they have not conducted so far to the utter detriment of the students and without any valid reasons. 3. In CWJC No. 2162/2001 Ursline Primary Teachers Education College is the petitioner. Petitioners case is that the teachers training College was recognised in 1978 by the Govt. of Bihar after the college was established in 1971. Petitioners further case is that right from the beginning, the students of the said college have been appearing in the different examinations held by the Bihar School Examination Board. However, from the Session 1993-95. the said college has not conducted any examination. However, after enactment of National Council for Teachers Education Act, 1993 which came into force from July. 1995 a National Council was established under the said Act to regulate the norms and standards in Teachers Education System and matters connected thereto. The Council also recognised, petitioner College upto the end of academic sessions 1997-98. The Council further granted recognition for the. Session 1998-99. Inspite of recognition of the College, respondents are not conducting examination. Similar are the grievances of other writ petitioners. 4. The National Council for Teachers Education, in short, the Council filed their counter-affidavit. In CWJC Nos. 2162/2001 and 2164/2001. the stand of the Council is that initially the Council granted recognition to the petitioners colleges for the academic session 1997-98 with approved intake of 50 students for the Primary Teachers Training Certificate Course. The said recognition was extended upto academic session 2001-02. In CWJC No. 2165/2001, the stand of the Council is that recognition to the petitioner institution was granted with effect from the Sessions 1997-98 till further order. Similar is the stand taken by the Council in CWJC No. 2171/2001 stating that recognition was granted by the Council to the petitioner institution upto the Session 2000-01. But later on by Office Order No. 1671 dated 15.6.2001. Similar is the stand taken by the Council in CWJC No. 2171/2001 stating that recognition was granted by the Council to the petitioner institution upto the Session 2000-01. But later on by Office Order No. 1671 dated 15.6.2001. recognition to the petitioner institution was withdrawn, similarly, in W.P. (C) No. 4227/2001 it is stated by the Council in the counter-affidavit that although recognition was granted to the petitioner institution upto the academic session 2000-01 but finally by office order dated 15.6.2001 recognition was withdrawn for not fulfilling the conditions of recognition. In W.P. (C) No. 2869/2001. similar stand regarding withdrawal of recognition has been taken by the Council in the counter-affidavit. 5. Respondent No. 4, Jharkhand Secondary School Examination Board in the counter-affidavit has stated that the Bihar Government stopped the Teachers Training during the period 1993- 95 to 1999-2000. The State of Jharkhand came into existence only in November, 2000. However, it is stated that respondent- Jharkhand Secondary School Examination Board can hold examination after receipt of order/direction from the Jharkhand Government. Respondent No. 6, Bihar Secondary School Examination Board on the other hand in the counter-affidavit has stated that after reorganisation of the State of Bihar, the petitioners institutions came in the territorial jurisdiction of Jharkhand State and it is the respondent No. 4 Jharkhand Secondary School Examination Board to conduct and hold the examination and not the Bihar Secondary School Examination Board. 6. Admittedly, the National Council for Teachers Education Act. 1993 was enacted by the Parliament for the purpose of establishment of a National Council for Teachers Education with a view to achieving planned and co-ordinates development of the teachers education system throughout the country. The Act received the assent of the President on 29.12.93 and pursuant to power conferred under Section 3(1) of the Act, the Central Government has established the National Council under its Notification dated 17.8.1995 i.e. the appointed date, thereby bringing the provisions of Section 14 of the Act into operation. Section 14 of the Act provides that every institution offering a course or training for Teachers Education immediately before the appointed day, 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. Section 14 of the Act provides that every institution offering a course or training for Teachers Education immediately before the appointed day, 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. It is also not in dispute that after operation of the aforesaid Act the writ petitioners applied for the grant of recognition and the Committee after careful consideration granted recognition upto particular academic session and subject to other terms and conditions including approval of intake of the students for the Primary Teachers Training Certificate Course. Consequently, petitioners institutions took admission of the Students who completed their course for the Session 1993-95 onwards for which recognition was granted. It is only because of the decision of the State of Bihar, the Primary Teachers Training Examination could not be conducted by the Bihar Secondary School Examination Board. In the meantime, after the creation of Jharkhand State, separate Jharkhand Secondary School Examination Board has been constituted. Since all the institutions fall under the territorial jurisdiction of the Jharkhand Secondary School Examination Board, the Board is under an obligation to conduct and hold examination of the students of the petitioners institutions for the Session they were given valid recognition by the Council. 7. As noticed above, the Jharkhand Secondary School Examination Board, in the counter-affidavit has stated that the Board can hold examination only after receiving direction from the Govt. of Jharkhand. 8. Admittedly, the State of Bihar and the Bihar Secondary School Examination Board stopped the teachers training and conducting examination since 1993 in view of the enactment of National Council for Teachers Education Act, 1993. The Act came into force in 1995 and thereafter, the Council granted recognition to the petitioners institutions. Section 16 of the Act clearly provides that the examining body shall not grant affiliation to any institution or hold examination unless the institutions obtained recognition from the Regional Committee constituted under the Act. In my opinion therefore, after valid recognition is granted by the Council to the Teachers Training Institutions and students are admitted strictly in accordance with the conditions fixed by the Council then the examining body is under an obligation to hold and conduct examination after the affiliation is granted to the institutions by the State Government. In my opinion therefore, after valid recognition is granted by the Council to the Teachers Training Institutions and students are admitted strictly in accordance with the conditions fixed by the Council then the examining body is under an obligation to hold and conduct examination after the affiliation is granted to the institutions by the State Government. The State of Bihar or the State of Jharkhand have not come with a case that the State Government or the other authorities have not granted affiliation to these institutions. In that view of the matter, the State of Jharkhand being the successor state and the Jharkhand Secondary School Examination Board are duty bound to conduct and hold examination of the students of the petitioners institutions for the academic sessions for which recognition has been granted by the Council. 9. These writ applications are therefore allowed and the State of Jharkhand as also the Jharkhand Secondary School Examination Board are directed to hold and conduct examination of the students of the petitioners institutions for the academic Sessions 1993-95 and for subsequent academic Sessions after full satisfaction that the recognition for the academic sessions have been granted by the Council to these petitioners institutions.