R. B. R. B. Ed College v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9749 of 2017 ====================================================== R.B.R. B.Ed College, through its Secretary, Rajendra Rai, son of Ram Varan Rai, R.B.R. B.Ed College, Village- Shyampur Bairo, Street/Road- Imadpur Lalganj Road, Town/City- Shyampur Bairo, District- Vaishali, Bihar- 844114. ... ... Petitioner/s
Versus
1. The State of Bihar through the Secretary, Higher Education, Government of Bihar, Patna.
2. The National Council For Teachers Education through its Secretary, Hans Bhawan, Wing II, I Bahadur Shah Zafar Marg, New Delhi. null null
3. The Regional Director Eastern Regional Committee, National Council for Teachers Education, 15 Neel Kanth Nagar, Nayapalli, Bhubaneshwar751012. ... ... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 9602 of 2017 ====================================================== R. B. R. B. Ed College through its Secretary, Rajendra Rai son of Ram Varan Rai R.B.R.B. Ed College, Village - Shyampur Bairo, Street/Road - Imadpur Lalganj Road, Town/City - Shyampur Bairo, District - Vaishali, Bihar - 844114.
... ... Petitioner/s
Versus
1. The State of Bihar through the Secretary, Higher Education, Government of Bihar, Patna.
2. The National Coucil for teachers Education through its Secretary Hans Bhawan, Wing II, I Bahadur Shah Zafar Marg, New Delhi.
3. The Regional Director Eastern Regional Committee, National Council for teachers Education, 15 Neel Kanth Nagar, Nayapalli, Bhubaneshwar - 751012.
... ... Respondent/s ====================================================== Appearance :
(In Civil Writ Jurisdiction Case No. 9749 of 2017) For the Petitioner/s :
Mr. Prashant Kumar For the Respondent/s :
Mr. SMT.SHILPA SINGH-GA12 (In Civil Writ Jurisdiction Case No. 9602 of 2017) For the Petitioner/s :
Mr. Prashant Kumar For the Respondent/s :
Mr. SMT. BINITA SINGH-SC28 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 07-11-2017 Heard learned counsel for the parties.
Patna High Court CWJC No.9749 of 2017(3) dt.07-11-2017 2/3
2. The petitioner seeks quashing of an order, dated 22.03.2017, passed by the Regional Director Eastern Regional Committee, National Council For Teachers Education, Bhubaneshwar, wherdeby the application for recognition to the Institution in question for conducting D.El.Ed (Additional Course) has been refused under Section 14(3) (b) of the National Council For Teachers Education Act, 1993 ( in short NCTE).
3. It is grievance of the petitioner that the said request for grant of recognition has been refused on technical ground that the requisite fee of Rs. 1.50 lakhs could not be paid by the petitioner online.
4. It is also the case of the petitioner that though the application for recognition has been rejected, the website portal of the NCTE is still reflecting that the said application is pending. Because of the said situation, filing of appeal online is not being accepted, which is the only mode for preferring appeal against the order which is impugned.
5. The controversy relates to academic Session 2016-17. In my view, since the cut-off date for grant of recognition even of the subsequent Session has expired, no order can be issued by this Court asking the NCTE to consider the petitioner's case for
Patna High Court CWJC No.9749 of 2017(3) dt.07-11-2017 3/3 grant of recognition.
6. Mr. Sunil Kumar Singh, learned counsel appearing on behalf of the NCTE has submitted that if the petitioner-college files statutory appeal against the impugned order through any other appropriate mode than online, the same shall be entertained. If the appeal is filed within one month from today, the Court expects that the appeal shall be disposed of within three months thereafter.
7. These applications stand disposed of accordingly. (Chakradhari Sharan Singh, J) arun/- U