National Teachers Training College v. National Council For Teacher Education And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4722 of 2016 =========================================================== National Teachers Training College, Khazanchi Road, District Patna, Bihar through its Secretary Md. Jahangir Khan Son of Late Md. Jabbar Khan, Deep Ganga Complex, 301A, Ashok Raj Patha, Patna 800004 .... .... Petitioner/s

Versus

1. National Council For Teacher Education, Eastern Regional Committee, 15, Neelakantha Nagar, Nayapalli, Bhubneshwar ( Orissa ) through its Regional Director

2. Regional Director, National Council For Teacher Education, Eastern Regional Committee, 15, Neelakantha Nagar, Nayapalli, Bhubneshwar ( Orissa ) .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s :

Mr. Raju Giri For the Respondent/s :

Mr. Shri Nath Pathak =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 23-08-2016 Heard counsel for the petitioner and counsel for the NCTE.

The writ application was filed by the petitioner's institution for grant of recognition in Diploma in Elementary Education Programme for the session 2016-18. The application of the petitioner has been rejected, which would be evident from Annexure-7 on the ground that the necessary fee was not deposited along with the application. To cover up the omission of non-deposit of fee, the petitioner later on submitted the fee through DD, which has been accepted by the respondents. Now, the petitioner wants either refund or utilization of that amount with the

Patna High Court CWJC No.4722 of 2016 dt.23-08-2016 2/2 next application, which he is likely file for further sessions. The respondents counsel for NCTE was directed to respond as to their stand on the issue.

The counsel for the NCTE submits that in terms of the new regulation, dated 28th of November, 2014, especially regulation 7, incomplete and rejected applications will amount to forfeiture of the fee so paid. The application submitted by the petitioner's institution was rejected.

In view of the unambiguous statutory provision, no relief can be granted to the petitioner with a direction to either refund the fee or to adjust it with the next application form.

Writ application stands dismissed being devoid of merit.

(Ajay Kumar Tripathi, J) SKM/- AFR/NAFR N.A.F.R.

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