Ram Kripal Singh Teacher Training College v. Bihar School Examination Board
2019-07-16
ANIL KUMAR UPADHYAY
body2019
DigiLaw.ai
ORDER Heard learned counsel for the petitioner and the counsel appearing on behalf of the State, Examination Board and the counsel appearing on behalf of NCTE. 2. All these writ applications being C.W.J.C. No. 10493 of 2019, C.W.J.C. No. 10920 of 2019, C.W.J.C. No.10498 of 2019, C.W.J.C. No. 10630 of 2019, C.W.J.C. No. 10823 of 2019 and C.W.J.C. No. 10837 of 2019 involves common question of fact and law as such they are heard together nad disposed of by common judgements. Petitioners in all the cases claimed that they have been granted approval of the NCTE for academic session 2016-18 for conducting the Diploma in Elementary Education (D.EI.Ed.) Course. 3. Mr. S.N. Pathak, learned counsel appearing on behalf of petitioners in these batch of writ applications submits that the issue raised in the present writ application is no more res integra. Similar issue was referred to the Division Bench and the bench answer the issue by reading down amended provisions of the regulation of Bihar School Examination Board. He submits that the case of the petitioners is covered by the judgment of the Division Bench in C.W.J.C. No. 19046 of 2018 wherein the Division Bench on consideration of various aspect of the matter and the submission of the counsel appearing on behalf of the parties including Examination Board and also an consideration of various judgment of the Apex Court including the judgment in the case of Maa Vaishno Devi Mahila Mahavidyalaya vs. State of Uttar Pradesh and others read down the amended provision to include the cases of the institution have been granted approval/permission by the NCTE for grant of affiliation in the light of the amended provision which was resorted to with a view to modify the hardship occasioned on account of narrow construction of the provisions of the amended regulation. 4. Learned counsel appearing on behalf of Examination Board submits that the Board has considered the judgment of the Division Bench and they are holding the meeting of the Full Board to grant the relief in terms of the judgment of Division Bench. 5. Learned counsel appearing on behalf of Examination Board further submits that in light of the judgment the Board would take decision to grant benefit to such institution covered by the judgment of the Division Bench in C.W.J.C. No. 19046 of 2018.
5. Learned counsel appearing on behalf of Examination Board further submits that in light of the judgment the Board would take decision to grant benefit to such institution covered by the judgment of the Division Bench in C.W.J.C. No. 19046 of 2018. He submits that the Board is not opposed the claim of the petitioners, if their cases are covered by the judgment of the Division Bench in C.W.J.C. NO. 19046 of 2018 but the Board is required to verify the foundational fact whether the institution answer the eligibility in terms of the Division Bench judgment in C.W.J.C. No. 19046 of 2018. 6. Considering the fact that there is no rule as to applicability of the judgment of the Division Bench in the matter of affiliation, the only issue is whether the petitioners on facts stands on similar footing or not? 7. Considering the aforesaid, batch of the writ applications are disposed of with a direction to the respondents to scrutinized the case of all the petitioners at the touch stone of the judgment of the Division Bench in C.W.J.C. No. 19046 of 2018 within a maximum period of 15 days from the date of receipt/production of copy of this order and pass appropriate order in light of the judgment in C.W.J.C. No. 19046 of 2018. In case on scrutiny it is found that the petitioner’s institution are similarly circumstanced same relief/benefit would be extended to the petitioners within the time frame indicated herein above. 8. With the aforesaid, all the writ applications stands disposed of.