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Patna High CourtMJC/294/2019dismissed

Millia Teachers Training College v. Purnea University And ORS

2019-04-03Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.294 of 2019 In Civil Writ Jurisdiction Case No.13819 of 2018 ====================================================== Millia Teachers Training College Vill.-Radha Nagar, Kasba, P.o. and P.s.- Kasba, Distt.- Purnea (Bihar) through its Principal Azimur Rahman, age- 41 years, Male son of Md. Hadish, Resident of Village.-Brindaban, P.o.- Brindaban, P.s.- Uchkagaon, Distt.- Gopalganj (Bihar) ... ... Petitioner/s

Versus

1.

Purnea University and Ors through The Registrar 2.

Prof. Rajesh Singh Vice-Chancellor, Purnea University, Purnea 3.

Col. Pramod Kumar Registrar Purnea University, Purnea 4.

Nalanda Open University 3rd. Floor, Biscomaun Bhawan, West Gandhi Maidan, Patna through its Registrar, Dr. S.P. Sinha 5.

Prof. Ram Prakash Upadhyay Vice Chancellor, Nalanda Open University, 3rd Floor, Biscoman Bhawan, West Gandhi Maidan, Patna 6.

Dr. S. P. Sinha State Nodal Officer-cum-Registrar (NOU), CET (Combined Entrance Test) B.Ed.-2018, Having office at Nalanda Open University, 3rd. Floor, Biscomaun Bhawan, West Gandhi Maidan, Patna 7.

Pradeep Kumar Yadav National Council for Teacher Education, Eastern Regional Committee, 15, Neelakantha Nagar, Nayapalli, Bhubneshwar (Orissa) through its Regional Director ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Raju Giri For the Opposite Party/s :

Mr.Sunil Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 03-04-2019 Learned counsel appearing on behalf of the University has produced before me a copy of the notification issued on 15.03.2019, whereby the petitioning Institution has been granted affiliation but only for academic session 2019-20. There is no dispute over the fact that the Institution in question, has been granted recognition by the National Council for

Patna High Court MJC No.294 of 2019(3) dt.03-04-2019 2/2 Teacher Education under sub-section (4) of Section 14 of the National Council for Teacher Education Act, 1993 (hereinafter referred to as 'the Act'). Section 14 (6) of the Act requires that every examining body shall, on receipt of the order granting recognition under sub-section (4) of Section 14 of the Act, grant affiliation to the Institution. It does not envisage temporary recognition/affiliation. The language of Section 14(6) of the Act, mandates the examining body to grant affiliation, once recognition under Section 14(4) of the Act is granted. Without entering into that aspect, however, in view of the subsequent conduct of the University, no case of deliberate disobedience of this Court's order is made out. It is, however, observed that the Opposite parties should be careful in future while dealing with the orders of this Court.

This application stands dismissed.

(Chakradhari Sharan Singh, J) arun/- U