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2019 DIGILAW 1177 (JHR)

Binod Bihari Mahto Koylanchal University Private Teachers Training College Association through its Secretary, Shankar Prasad Swarnkar v. State of Jharkhand

2019-06-19

DEEPAK ROSHAN, H.C.MISHRA

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JUDGMENT : I.A No. 2848 of 2019 1. This order is being passed in compliance of the order dated 29.5.2019 passed by the Hon'ble Supreme Court of India in Writ Petition (Civil) No. 709 of 2019, Binod Bihari Mahto Koylanchal University Private Teachers Training College Association and Others vs. State of Jharkhand and Others. 2. This interlocutory application has been filed seeking interim reliefs, mainly for staying the operation of the letter contained in Memo No. 1214 dated 15.06.2018, as contained in Annexure-7 to the main writ application, issued by the Deputy Director, Higher Education, directing the Jharkhand Combined Entrance Competitive Examination Board, Ranchi, (hereinafter referred to as JCECE Board) for conducting the centralised examinations for admissions in the B. Ed. Courses in the recognised Teachers Training Colleges in the State of Jharkhand, and also for staying the operation of the advertisement issued by the JCECE Board, calling upon the applications from the eligible candidates for appearing in the competitive examinations for admission in B. Ed. Courses in those colleges. 3. The main contention of the learned counsel for the petitioners' institutions seeking interim relief for staying the centralised competitive examination, is that the time schedule has been prescribed for conducting the examinations for admission in B.Ed. courses by the Hon'ble Supreme Court in College of Professional Education and Others vs. State of U.P. and Others, (2013) 2 SCC 721 , and the examinations have to be conducted in accordance to the same time schedule, as prescribed by the Hon'ble Supreme Court, but in utter violation of the direction of the Hon'ble Apex Court, the examinations are being conducted by the JCECE Board, which is not even a competent body to conduct such examinations. According to the petitioners' case, the said time schedule is not being followed by the State Government. 4. Learned counsel for the petitioners submitted that the said direction of the Hon'ble Supreme Court is again reiterated in Maa Vaishno Devi Mahila Mahavidyalaya vs. State of Uttar Pradesh and Others, (2013) 2 SCC 617 , wherein in paragraphs 91.1 and 91.5, it is stated as follows:- “91.1. The Schedule stated in College of Professional Education and in this judgment in relation to admissions, recognition, affiliation and commencement of courses shall be strictly adhered to by all concerned including NCTE, the State Government and the University/examining body. *** *** *** 91.5. The Schedule stated in College of Professional Education and in this judgment in relation to admissions, recognition, affiliation and commencement of courses shall be strictly adhered to by all concerned including NCTE, the State Government and the University/examining body. *** *** *** 91.5. NCTE shall circulate the copy of this judgment to all Regional Committees, State Governments and all affiliating bodies concerned and also put the same on its website for information of all stakeholders and public at large.” 5. It is submitted by the learned counsel for the petitioners that in violation of these directions, the State Government has promulgated an Ordinance, being "Ordinance for B. Ed. Course (Admission and Fee Determination) Conducted by Recognised Institutions in the State of Jharkhand, 2017" in which, there is provision for "Admission and Selection Process" which is not in consonance with the time schedule prescribed by the Hon'ble Supreme Court in the case of College of Professional Education (supra). Learned counsel accordingly, submitted that the operation of the letter dated 15.6.2018 as contained in Annexure-7 to the writ application, and the consequent advertisement be stayed. 6. It is also submitted by the learned counsel for the petitioners that the petitioners have, as in earlier years, issued advertisements for conducting the examinations for admission in their B.Ed. courses themselves, which is in consonance with the time schedule prescribed by the Hon'ble Apex Court, but it is an admitted fact that no examinations have been conducted by the petitioners so far. 7. Learned Additional Advocate General appearing for the State, on the other hand, has opposed the prayer, submitting that in the case of College of Professional Education (supra) itself, the liberty has been given by the Hon'ble Supreme Court to the State Governments to formulate their own appropriate admission procedural rules, and until the State Governments formulate such rules, the procedure prescribed by the Supreme Court is to be followed. Learned Additional Advocate General has also pointed out from the counter affidavit filed on behalf of the State that National Council for Teacher Education (NCTE) has already issued a Notification on 28th November 2014, formulating the regulations called 'National Council for Teacher Education (Recognition Norms and Procedure) Regulations, 2014', in which, there is a provision for making admission to the B. Ed. Courses on merits on the basis of the marks obtained in the qualifying examination and/or in the entrance examination or any other selection process as per the policy of the State Government/UT Administration. 8. It is submitted by learned Additional Advocate General that as per the provisions in the regulations, the Ordinance has been promulgated by the State Government, in which, the schedule for conducting the examination has been prescribed and according to that schedule, the last date for sending of requisition by the Colleges through the affiliating University to the JCECE Board is 10th March, counseling and seat allotment is to be held on 30th June, and the admission is to be made by 10th July of every academic year. 9. It is further submitted by the learned Additional Advocate General, and also supported by the learned counsel appearing for respondent No. 5 JCECE Board, that pursuant to that Ordinance, the advertisement has already been published and the entrance examinations have already been held from 06.06.2019 to 09.06.2019 and the results are expected to be published very shortly. Learned counsels for the respondents accordingly, opposed the prayer for any interim relief. 10. Having heard the learned counsels for both sides and upon going through the records, we find that prima facie, we do not find any error in conducting the examinations held by the JCECE Board and even the results are going to be published shortly. In any case, though it is submitted by the learned counsel for the petitioners' institutions that they have published their own advertisement for conducting examination for admission in the B. Ed. Courses according to the schedule prescribed by the Hon'ble Supreme Court, but it is an admitted fact that no entrance examination has been conducted so far by the petitioners' institutions, and according to the schedule prescribed by the Hon'ble Supreme Court the period for conducting the entrance examination was from 20th April to 25th of April. If the contention of the learned counsel for the petitioners is accepted, no admission can be made in any of the recognized Teachers Training Colleges in the present academic year, as no entrance examinations have been held so far by the petitioners' institutions. If the contention of the learned counsel for the petitioners is accepted, no admission can be made in any of the recognized Teachers Training Colleges in the present academic year, as no entrance examinations have been held so far by the petitioners' institutions. On the other hand, we find that in the case of College of Professional Education (supra) itself, the liberty was given by the Hon'ble Supreme Court to the State Governments to formulate their own appropriate admission procedural rules and until the rules are formulated by the State Government, the schedule as prescribed by the Hon'ble Supreme Court, was to be followed. 11. We find that pursuant to that order, the regulations have already been framed by the NCTE and the Ordinance has also been promulgated by the State Government, according to which the entrance examinations have already been conducted and the results are awaited shortly. 12. Accordingly, no case is made out for any interim relief as prayed for by the petitioners' institutions, and accordingly, the present Interlocutory Application stands dismissed, being bereft of any merit. 13. Let the main writ applications be listed before the appropriate Bench having the roster, under the appropriate heading in due course.