New Buddha Teachers Training College v. The Honble Chancellor

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10641 of 2019 ====================================================== New Buddha Teachers Training College Sirsa,Viran,Lalganj,Vaishali,through its Secretary Amit Kumar,Male,aged about 39 years, S/o Vinod Kumar Singh, resident of Maya Enclave East Patel Nagar,P.S. Shastri Nagar, District-Patna ... ... Petitioner/s

Versus

1.

The Honble Chancellor Chancellor Secretariat, Raj Bhawan,Patna 2.

The Vice Chancellor, B.R.A. Bihar University,Muzaffarpur 3.

The Registrar, B.R.A. Bihar University,Muzaffarpur 4.

The Vice Chancellor, Nalanda Open Universirty,Biscoman Bhawan,Patna 5.

The Registrar, Nalanda Open Universirty,Biscoman Bhawan 6.

The Regional Director, National Council of Teacher Education (NCTE),15 Neelkanth Nagar,Nayapalli,Bhubneshwar (ODISHA) ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. P.K. Shahi, Sr. Adv.

Mr. Suman Kumar, Adv.

Mr. Vijay Kumar Pandey, Adv.

For the Respondent/s :

Mr. Sunil Kumar Singh, Adv.

For the BRABU :

Mr. Sandeep Kumar, Adv.

Mr. Rakesh Kumar Singh, Adv.

Mr. Rohit Raj, Adv.

For the NCTE :

Mr. Ranvijay Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 05-07-2019 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

The present institution was granted affiliation by the University and permission granted by the NCTE on that basis after conducting the entrance test Nalanda Open University recommended the candidate for admission and institution in question admitted students. After commencement of the process of admission the University wrote letter to the NCTE pointing

Patna High Court CWJC No.10641 of 2019(4) dt.05-07-2019 2/2 out certain deficiency in the college. It appears from the counter affidavit the NCTE that no such letter reached the NCTE. Having regard to the fact that students were allowed admission on the basis of permission of NCTE, affiliation by the University and on the basis of common enterence test, the Court in the facts of the case protects the interest of the student already admitted on the list submitted by the Nalanda Open University. If the NCTE or the appropriate authorities takes any adverse decision with regard to the affiliation and permission to the institution in question, then in that situation except the students admitted no other students shall be allowed to be admitted in the institution in question. The Courts does not grant any indulgence to the institution for any further relief(s). The students admitted in terms of the order of the Apex Court are also protected.

With the aforesaid, the present writ application stands disposed of.

(Anil Kumar Upadhyay, J) mdrashid/- U