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Patna High CourtCWJC/2232/2019disposed

M/S Radha Krishna Sikaria Educational Institute, Through Its Secretary Yamuna Kumar Sikaria v. The National Council For Teacher Education And ORS

2019-10-18Mr. Justice Dr. Anil Kumar Upadhyay3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2232 of 2019 ====================================================== M/s Radha Krishna Sikaria Educational Institute, through its Secretary Yamuna Kumar Sikaria S/o Shambhu Nath Sikari Radha Nagar, P.O. Motihari, District East Champaran, Bihar, Resident of Radha Nagar, Nakched Tola, P.O. Motihari, P.S. Motihari, District- East Champaran. ... ... Petitioner/s

Versus

1.

The National Council For Teacher Education Wing II, Hans Bhawan, Bahadur Shah Zafar Marg, New Delhi- 110002 through its Secretary. 2.

The Regional Director, Eastern Regional Committee, National Council for Teacher Education 15, Neelkantha Nagar, Nayapalli, Bhubaneshwar- 751012 3.

The Under Secretary (Regulation) Wing II, Hans Bhawan, Bahadur Shah Zafar Marg, New Delhi- 110002 through its Secretary. 4.

The State of Bihar, through Its Principal Secretary, Department of Education, Bihar, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Tej Bahadur Singh, Sr. Advocate Mr.Mrigank Mauli, Advocate Mr. Prince Kumar Mishra, Advocate For NCTE :

Mr.Sunil Kumar Singh, Advocate Mr. Ranvijay Singh, Advocate Md. Azimuddin, Advocate Mr. Tanay Bhaskar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date : 18-10-2019 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of NCTE.

2. The petitioner has filed the present writ petition for a direction to the respondents to grant permission of additional intake of 100 students. In the alternative there is prayer that respondents may allow the petitioner to convert the application for two additional units of Diploma in Elementary Education (D.El. Ed.) Course.

Patna High Court CWJC No.2232 of 2019 dt.18-10-2019 2/3

3. Mr. Sunil Kumar Singh, learned counsel appearing on behalf of the National Council for Teacher Education (NCTE) submits that the NCTE is ready to consider the application of the petitioner-institution for two units of Diplima in Elementary Education Course in the next academic session provided the petitioner submits application in the prescribed format.

4. Mr. Tej Bahadur Singh, learned senior counsel appearing on behalf of the petitioner submits that the petitioner has already obtained 'no objection' from the State Government and is prepared to submit application for grant of two units of Diploma in Elementary Education i.e. total 100 intake for the next academic session.

5. Considering the readiness of the petitioner to submit application in prescribed format for grant of permission for running two units of D. El.Ed. Course (total 100 intake), the writ petition is disposed of with liberty to the petitioner to submit application in prescribed format completing all the formalities for the academic session and on submission of such application, the NCTE shall take appropriate decision objectively within a period of three months from the date of receipt/production of a copy of this order. The NCTE is required to consider the claim of the petitioner on the basis of the infrastructure and formalities fulfilled

Patna High Court CWJC No.2232 of 2019 dt.18-10-2019 3/3 by the institution in question within the time frame as indicated hereinabove so that the institution may not suffer adversely in the matter of taking admission in the next academic sessions. (Anil Kumar Upadhyay, J) spandey/- AFR/NAFR NAFR CAV DATE NA Uploading Date 19.10.2019 Transmission Date NA