G. D. Bagaria Teachers Training College, Giridih v. State of Jharkhand
2016-07-25
APARESH KUMAR SINGH
body2016
DigiLaw.ai
ORDER : 1. Certain relevant facts of the petitioner college, which are not in dispute, are being noticed herein-after as they have reference to the issue at hand and on the question of interim relief to the petitioner. 2. Petitioner has been running a B.Ed College on recognition from NCTE vide Annexure-1 letter dated 04.10.2006 for conducting B.Ed Course of one year duration with an annual intake of 100 students. By Annexure-7/1 dated 27.07.2013, petitioner has been granted permanent affiliation from the academic Session 2014-15 onwards, subject to certain conditions. NCTE on 31.05.2015 vide Annexure-11, has granted recognition to the petitioner College to run two year B.Ed Courses, subject to fulfillment of certain conditions prescribed there under from session 2015-16. Petitioner claims to have intimated the NCTE about fulfillment of additional conditions by letter dated 27.10.2015 (Annexure-16). Petitioner also requested the University to carry out fresh inspection for grant of affiliation by its representative by its letter dated 14.01.2016 (Annexure-13). The University has declined inspection by the impugned order dated 23.02.2016, stating that it had not applied for affiliation within the prescribed period. 3. When the matter was taken up on 19.05.2016, counsel for the Respondent State, University and NCTE all were allowed four weeks time to file counter affidavit and the matter was posted in the second week on reopening after summer vacation with the expectation that counter affidavit would be filed before the next date fixed, but none of the Respondents have filed their affidavits within the stipulated time. Petitioner College now has come with a prayer made in Interlocutory Application No. 3803/2016 to allow the students of B.Ed Courses of 2015-17 Session to take the exams scheduled from 28.07.2016, as per the schedule of exams published by the Respondent University. 4. When the matter was taken up on 21.07.2016, learned counsel for the Respondent University sought time to obtain instruction and file their response. The short affidavit filed today on their behalf, has conveyed that the Respondent University is not under any obligation to accord affiliation to the petitioner College, if it had not approached it within time. Petitioner has relied upon communication contained in letters bearing no.
The short affidavit filed today on their behalf, has conveyed that the Respondent University is not under any obligation to accord affiliation to the petitioner College, if it had not approached it within time. Petitioner has relied upon communication contained in letters bearing no. 1197 dated 18.05.2016 and 1224 dated 20.05.2016 respectively issued by the Directorate of Higher Education in respect of two B.Ed Colleges namely, Al-Habeeb Teachers Training College, Bokaro and Al-Iqra Teachers Training College, Govindpur, Dhanbad to submit that the Respondent Directorate of Higher Education has categorically indicated that there is no requirement of approval for permanent affiliation to the said colleges after recognition granted by NCTE for running two years B.Ed Courses from the academic Session 2015-17. Both the said colleges were having permanent recognition and affiliation from NCTE as well as University. 5. Those two Teachers Training Colleges had approached this Court in WPC No. 1581/2016 and WPC No. 1548/2016 on the very issue relating to the grant of affiliation to the two years B.Ed Course by the Vinoba Bhave University on grant of permanent recognition by the NCTE for two years B.Ed courses starting from 2015-17. The last date for submission of examination forms, as per the University, was 20.05.2016 for the first year exam of B.Ed Course for 2015-17 Session. Taking note of the stand of the Respondent State and the submission of the Respondent University, those writ petitions were disposed of to enable the petitioner Colleges to approach the Respondent University with a request to accept the examination forms of the students for the ensuing exams. Copy of the orders dated 20.05.2016 have been produced by the counsel for the petitioner. 6. Schedule of the exam have subsequently been revised by memo dated 12.06.2016 issued by the Examination Controller, Vinoba Bhave University, as per which, the last date for submission of forms notified is 08.07.2016 with fine. 7. Learned Senior Counsel for the petitioner submits that there has been some delay in seeking interim relief in the present matter with the same set of circumstances on the part of the petitioner, but considering the fate of the students involved, petitioner College may be allowed to submit the examination forms of the students of the first year of 2015-17 Session B. Ed Course who may be allowed to take the exams scheduled from 28.07.2016.
It is submitted that given the stand of the Respondent Directorate of Higher Education, there may not be any requirement of approval of permanent affiliation to the petitioner College also like the other two colleges. 8. Learned counsel for the Respondent University submits, on instruction, that such communication in respect of the petitioner College, of course, has not been received by the University from the Directorate of Higher Education, but pending adjudication on the issue, students of the petitioner college for 2015-17 Sessions of B.Ed Courses may be allowed to take the exams scheduled from 28.07.2016, provided that all formalities are fulfilled and necessary late fees are also deposited by the petitioner College by tomorrow. 9. Learned counsel for the Respondent University and the State both seek one more indulgence to come out with their instruction on the main issue, whether any fresh affiliation is required to the petitioner College in the circumstances that permanent recognition for two years B.Ed Courses by NCTE and permanent affiliation for one year B.Ed Courses by the Respondent University, are already in place in respect of the petitioner College also like that of the other two colleges, referred to herein-above. 10. In the light of the conspicuous facts, noticed herein-above, students of the petitioner College of first year B.Ed Courses for the Session 2015-17 be allowed to take the exams scheduled from 28.07.2016, pending adjudication on the issue relating to affiliation. Petitioner College should comply with all the requirements relating to submission of forms, late fee, etc. by tomorrow, where-after eligible students of the first year Course be permitted to take the said exams, which however would be provisional and subject to the outcome of the instant writ petition. Results of such students be also published only with leave of the Court. 11. Let the matter appear after three weeks to enable the State, University and NCTE to come out with their response positively, by the next date. 12. List the case in the week commencing 22nd August 2016 under the same heading as an unfixed matter with liberty to the parties to mention. 13. I.A. stands disposed of accordingly.