Prabhakar Kumar v. Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12823 of 2022 ====================================================== Prabhakar Kumar Son of Sri Sukhdev Prasad, Resident of Village and P.O.- Belwa, P.S.- Palanwa, District- East Champaran, Pin- 845305, Mob. No.- 9031746082/9113778933 ... ... Petitioner/s

Versus

1.

Union of India through the Secretary Ministry of Education, Govt. of India, New Delhi.

2.

National Council for Teachers Education (NCTE), ERC, Bhubaneswar (Orissa).

3.

Regional Director of Regional Committee of NCTE, Bhubaneshwar (Orissa).

4.

Chancellor, B.R.A. Bihar University, Muzaffarpur, Bihar, Pin- 842001. 5.

Nodal Officer, Nodal University, Lalit Narayan Mithila University, Kameshwer Nagar, Darbhanga (Bihar).

6.

Shri Narayan Sharma Teachers Training College, Plot No.- 661, 663, 682, 679 P.W.D. Road, Village- Bankat, P.O.- Bariyarpur, Tehsil/ Town- Motihari, District- Purba Champaran, Bihar, through its Principal. 7.

The State of Bihar through its Principal Secretary, Education Department, Bihar, Patna.

8.

Director, Research and Training, Bihar, Patna, Department of Education, Govt. of Bihar, Patna.

9.

Sub- Divisional Magistrate, Sadar Motihari, District- East Champaran, Bihar.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kumar Singh, Adv.

For the State :

Mr. Jai Prabhat Kishore, AC to SC13 For the U.O.I.

:

Mr. Bindhyahal Rai, Adv.

:

Mrs. Parul Prasad, Adv.

:

Mr. Aditya Anand, Adv.

For the Respondent No.6:

Mr. Rakesh Kumar, Adv.

For the NCTE :

Mr. Sunil Kumar Singh, Adv.

:

Mr. Indrajesh Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-02-2025 Heard learned counsel for the petitioner, learned counsel for the U.O.I., learned counsel for the Respondent No.6,

2/4 learned counsel for the N.C.T.E. and learned counsel for the State.

2. The present writ petition has been filed seeking the following reliefs:

"i. For issuance of the writ in the nature of quo-wranto or any other writ to ask from the respondent common about the set aside the admission of the petitioner in B.Ed course of S.N.S. Teacher Training College, Motihari for which Rs. 50,000/- (fifty thousand) through Receipt No. 2009B-0095 deposited in the college and Rs. 2500/- (two thousand and five hundred) also & nodal university taken Rs. 3000/- (three thousand) as part payment and to admit the petitioner for the current academic year 2020-2022.

ii. For this Hon'ble court is further prayed to give direction to the respondent authorities to validate the admission of the petitioner in B.Ed Course of S.N.S. Teacher Training College, Motihari on the basis of Admission Slip form no.-20090084 dated 27.11.2020 in which Rs. 50,000/- has been deposited vide Receipt No.- 2009B-0095 & Rs.2500/- also.

iii. This Hon'ble court is further prayed to give direction to the respondent authorities not to take any illegal money by the petitioner in his B.Ed course period and non-approval for academic year 2020-2022 would ruin career of the petitioner. Commencement of academic sessions not to be disturbed.

iv. This Hon'ble court is further prayed that there is National Council for Teacher Education Act, 1993 and the council implements coordinates plans, innovative ways and to educate teachers. But the respondent college not doing the same may be directed to implement. And the petitioner may not be harassed by the respondent under corruption/abuse of act power of in education system and to take appropriate lawful action in respect of academic year 2020-2022.

v. For issuance of any other writ/ writs

3/4 direction/directions for which the petitioner may be found entitled in given facts and circumstance of this case.

vi. To interfere in the matter of admission of respondent college it is demonstrably capricious, discriminatory constitutional provisions. So, arbitrary, irrational, and violative or of statutory that to give the direction to the respondent concern regarding petitioner's course regularise admission in the B.Ed in S.N.S. Teacher Training College, Motihari by extra classes and treat the petitioner a regular student of B.Ed Sessions 20202022 & result be declared forth with delay too be condoned if there be any provision under act, ordinance or statutes governing the university or else."

3. A counter affidavit has been filed on behalf of the Respondent No.6, in para 11 of which, it is stated that the petitioner has been absent after his admission. Additionally, the petitioner has yet to pay the remaining portion of the admission fee; however, the petitioner is still enrolled as a student at Shri Narayan Sharma Teachers Training College, Motihari, DistrictEast Champaran.

4. Learned counsel for the Respondent No.6 submits that the College is ready to return the said amount i.e. Rs. 52,500/- to the petitioner.

5. Considering the above-mentioned facts, the Respondent No.6 is directed to return the said amount i.e. Rs.52,500/- to the petitioner and also directed to return all the papers of the petitioner.

4/4

6. With the aforesaid observation and direction, this writ petition stands disposed of.

(Anjani Kumar Sharan, J) anand/- U