Anup Kumar v. The Director, National Council For Teachers Education

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10488 of 2018 ====================================================== Anup Kumar, son of Late Brijnandan Prasad Singh, resident of village- Mount Litera Zee School, N.H.-82, Kaiya, Police Station, Muffassil, District-Gaya. ... ... Petitioner

Versus

The Director, National Council For Teachers Education, Eastern Regional Committee, 15 Neel Kantha Nagar, Naya Patti, Bhubaneshwar, Orissa. ... ... Respondent ====================================================== Appearance :

For the Petitioner/s :

Mr. Manish Kumar No-2 For the Respondent NCTE:

Mr. Sunil Kumar Singh Mr. Ranvijay Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 04-09-2018 The petitioner, who claims to be the Secretary of B.N.Education Welfare Trust, which runs Suprita College of Education, had applied for grant of recognition for B.Ed. and D.E.L.E.D. course before the National Council for Teacher Education (NCTE). He had also deposited a sum of Rs.1,50,000.00 with the NCTE as requisite fee for consideration of the application for grant of recognition.

Grant of No Objection Certificate by the concerned University is one of the condition precedents for considering an application for grant of recognition by the NCTE. Admittedly, the petitioner's institution was not granted No Objection Certificate by the University. It is clear from the averments made in the writ application itself that subsequently, the

Patna High Court CWJC No.10488 of 2018(3) dt.04-09-2018 2/3 University refused to grant No Objection Certificate. This is the background in which this writ application has been filed seeking direction to the NCTE to refund the said amount of Rs.1,50,000.00, which was deposited by the petitioner's institution. The petitioner has approached the Director, NCTE, Bhubaneshwar (Orissa) for refund of the said amount of Rs.1,50,000.00 through letter dated 10.01.2018. Learned counsel for the petitioner submits that refusal of grant of No Objection Certificate is a policy decision of the University and since the petitioner's application has not been considered by the NCTE, in view of the policy decision of the University, the said amount amount needs to be refunded. Mr.

Sunil Kumar Singh, learned counsel for the NCTE, on the other hand, submits that since application for recognition has been rejected by NCTE for whatever reason, there is no question of refund of the amount. Be that as it may, let the NCTE consider refunding the said amount of Rs.1,50,000.00 by disposing of the petitioner's representation, said to have been made on 10.01.

within two months from the date of receipt/production of a copy of this order.

Patna High Court CWJC No.10488 of 2018(3) dt.04-09-2018 3/3 This writ application stands disposed of.

(Chakradhari Sharan Singh, J) Pawan/Ragini U