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Patna High CourtCWJC/2376/2020disposed

Rajmuni Devi B.Ed College, v. The Bihar School Examination Board,

2020-02-24Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2376 of 2020 ====================================================== Rajmuni Devi B.Ed College, Village-Manjurahi, Street/Road-NH2, Taluka/Mandal-Aurangabad, Town/City-Manjurahi, District-Aurangabad, Bihar-824101 through its Secretary Santosh Kumar Singh (M) aged about 49 years, son of Baikunth Singh Taluka/Mandal-Aurangabad, Town/CityManjurahi, District-Aurangabad, Bihar-824101. ... ... Petitioner

Versus

1.

The Bihar School Examination Board, Sinha Library Road, Patna through its Secretary.

2.

The Chairman, Bihar School Examination Board, Sinha Library Road, Patna.

3.

The Secretary, Bihar School Examination Board, Sinha Library Road, Patna. 4.

The National Council for Teacher Education, Hans Bhawan Wing-II, Bahadurshah Zafar Marg, New Delhi-110002 through its Member Secretary. 5.

The Regional Director, National Council for Teacher Education, Eastern Regional Committee, 15 Neelkanth Nagar, Nayapalli, Bhubneshwar-751012. ... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr.Prashant Kumar, Adv.

Mr.S.N. Pathak, Adv.

For the Respondents :

Mr.Gyanshakar, Adv.

For the N.C.T.E.

:

Mr. Sunil Kumar Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 24-02-2020 The present writ petition has been filed seeking the following reliefs :- (I) To direct the respondents especially respondent No. 1,2 & 3 The BSEB hereinafter referred as Board to grant affiliation for additional intact 50 students for two years D.El.Ed. Course for Academic Session 2018-19 in view of Recognition granted by the respondent NCTE from Academic Sessions 2018-19 onwards and also to conduct the examination for that Academic Session. (II) For issuance of an appropriate writ for a declaration that it is not only obligatory but

Patna High Court CWJC No.2376 of 2020(2) dt.24-02-2020 2/3 also mandatory for an Affiliating body the Bihar School Examination Board to grant permanent affiliation to the petitioner institution as per the clause 7(16) of the NCTE (Recognition Norms & Procedure Recognitions 2014). On receipt of an order of grant of recognition by the NCTE.

(III) For direction upon Respondents to extent the affiliation in a way of permanent Affiliation to the institution for the D.El.Ed. Courses run by the petitioner institution academic session 2018-2019 Under Clause 7(16) of the NCTE (Recognition Norms & Procedure Recognitions 2014).

(IV) For issuance of an appropriate writ for a declaration to the Bihar School Examination Board to refund the amount of inspection and Processing Fees and extend the affiliation subject to the approval of condition laid down by the National Council for Teachers Education (NCTE) as per the D.El.Ed. Course approval vide order F. NO.ERC/248.4.2/ B.Ed. &D.El.Ed./ 2018/ 55864 dated 01.02.2018 - in exercise of the power vested under section 15,3,b of the NCTE Act 1993, clause 7(16) of NCTE (Regulation Norms Procedure) Regulation 2014.

(V) For issuance of an appropriate writ for a declaration to continue the Notification through the Affiliation was granted earlier vide memo no-T.T.PR. 1388 dated 26.09.2017 to the institution by the Respondents the Bihar School Examination Board.

The learned counsel for the petitioner seeks liberty to approach the Secretary, Bihar School Examination Board, Patna for redressal of his aforesaid grievances.

Patna High Court CWJC No.2376 of 2020(2) dt.24-02-2020 3/3 Having regard to the short prayer made by the learned counsel for the petitioner, I deem it fit and proper to dispose of the present writ petition with liberty to the petitioner to file appropriate representation before the Secretary, Bihar School Examination Board, Patna within a period of one week from today, which shall be considered in accordance with law and disposed of by a reasoned and speaking order within a period of two weeks, thereafter.

The writ petition stands disposed of on the aforesaid terms.

(Mohit Kumar Shah, J) K.K.RAO/- U