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2016 DIGILAW 695 (JHR)

Swami Sahajanand Saraswati B. Ed College, Bokaro v. State of Jharkhand

2016-04-23

APARESH KUMAR SINGH

body2016
ORDER : 1. Deliberations during course of hearing of the instant writ petitions, have thrown up the issues of larger public importance and consequence in the matter of affiliation of B.Ed colleges. There are specific requirements and conditions which an Examining Body can insist from the Institution seeking affiliation as spelt in the pronouncement of the Apex Court such as in the case of Maa Vaishno Devi Mahila Mahavidyalaya vs. State of Uttar Pradesh and Others, (2013) 2 SCC 617 . Para-71 of the judgment reads as under: “71. The examining body can impose conditions in relation to its own requirements. These aspects are: (a) eligibility of students for admission; (b) conduct of examinations; (c) the manner in which the prescribed courses should be completed; (d) to see that the conditions imposed by NCTE are complied with.” 2. During course of arguments, inspection report in respect of the petitioner-Swami Sahajanand Saraswati B.Ed College, Bokaro for the years 2015-17 and 2016-18 do reveal that though, University has also carried out inspection on the subjects and areas covered under the NCTE Act, but the specific heads relating to eligibility of students for admission, conduct of examinations, the manner in which the prescribed courses should be completed, etc. which any Examining Body is required to be satisfied before grant of affiliation, have not been squarely addressed. University may see that the conditions imposed by NCTE are complied with as is also one of the conditions for grant of permanent recognition to this petitioner by NCTE (Annexure-1). But the main condition which an Examining Body/ University is required to be satisfied, cannot be completely left out of consideration. There appears to be either Legislative deficit in that area or that the University have failed to follow the guidelines, circulars, statutes on the subject, as prescribed from time to time. 3. It is not without reason that almost on regular basis, litigation arising on the question of affiliation comes before this Court despite specific time line prescribed by the Hon'ble Supreme Court in the case of Maa Vaishno Devi Mahila Mahavidyalaya (Supra) and law laid down on the subject relating to the jurisdiction of the various statutory bodies like NCTE, University and State. In that perspective, it would be proper to have the stand of the respondent State as also other Universities like Ranchi University, Nilambar Pitambar University, Sidhu Kanhu Murmu University under whom several B.Ed colleges are said to be running or may come up in near future. Kolhan University is already a party in one of the connected writ petition being WP (C) No. 2427/2015. The instant matters relate to non-grant of affiliation for the academic sessions 2014-15. Therefore, let the other Universities i.e. Ranchi University, Ranchi, Nilambar Pitambar University, Palamau at Daltonganj and Sidhu Kanhu Murmu University, Dumka be impleaded as respondents in the instant case through their Registrar. Department of Higher and Technical Education, Government of Jharkhand is already represented through State counsel. 4. The matters have remained pending for quite sometime and to avoid any further delay on the larger issue, discussed herein-above, it would only be proper that the Principal Secretary, Department of Higher and Technical Education, Government of Jharkhand, Director, Directorate of Higher Education, Human Resources Department, Government of Jharkhand and Registrars of all the Respondent Universities be present on the next date to assist the Court through their learned counsels along with all supporting documents i.e. guidelines, regulations, statutes which are to be followed in the matters of granting affiliation to such B.Ed colleges. Let such addition of party be carried out by the learned counsel for the petitioner during course of the day and copy of the pleadings be supplied to the learned counsel for the other Universities by Monday and receipt thereof be filed in the Registry by Monday itself, so that their names be reflected in the cause list henceforth. Registry to ensure that addition of newly added respondents are carried out in a proper manner, as directed in the order dated 23.04.2016. 5. List these cases on 03.05.2016. Let copy of this order be supplied to the learned counsel for the State and all the five Universities by 26th April 2016. Let copy of this order be sent through FAX/email to the Principal Secretary and Director of the Ministry of Higher and Technical Education and also to the Registrar of all the five Universities without any delay. WP (C) No. 2427/2015 Learned counsel for the petitioner submits that facts of the case are distinct from the facts of other cases and may be heard separately. WP (C) No. 2427/2015 Learned counsel for the petitioner submits that facts of the case are distinct from the facts of other cases and may be heard separately. Students have also taken exam and results have also been uploaded on the website. Be that as it may, if need be, on the next date, the instant matter would be segregated from the other cases. Ordered accordingly.