J. P. Sikshak Prashikshan Mahavidyalaya v. The Magadh University And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15522 of 2016 ======================================================

1. J. P. Sikshak Prashikshan Mahavidyalaya, Mahavidyalaya, Biyabani, Biharsharif ( Nalanda ), P.S. + District Nalanda, through its Secretary, Mr. Shailesh Kumar Son of Late Jugeshwar Prasad Resident of Mohalla - Prabhat Colony, P.O. Chas, P.S. Chas, District Bokaro ( Jharkhand ) .... .... Petitioner/s

Versus

1. The Magadh University, Bodh Gaya through its Registrar

2. The Vice Chancellor of the Magadh University, Bodh Gaya

3. The Registrar of the Magadh University, Bodh Gaya .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajesh Kumar Mishra For the Respondent/s : Mr. K.N. Singh, Sr. Advocate ] with Mr. Girijish Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 19-05-2017 The sole grievance of the petitioner in the present writ application is that the Magadh University, Bodh Gaya has so far not taken any decision on petitioner's application for creation of additional 100 seats in B.Ed. Course in the College, i.e., J.P.

Sikshak Prashikshan Mahavidyalaya, Biyabani, Biharshariff at Nalanda.

Learned Counsel for the petitioner has submitted that the National Council for Teacher Education (NCTE) is going to hold inspection on 22.05.2017 and if "no objection certificate" is granted prior to the said date, the petitioner shall suffer a great prejudice.

Nothing has been shown to me that an institution

must have no objection certificate from the University before inspection is held.

At the same time, in my view, the University should not keep the matter pending for an indefinite period on the petitioner's application for grant of no objection for increase of seats as indicated above.

Mr. K.N. Singh, learned senior counsel appearing on behalf of the University has pointed out that since the National Council for Teacher Education is going to inspect the College for the purpose of satisfying as to whether the College fulfills the requirement for the existing strength, the decision on the petitioner's application for grant of no objection certificate for increase in seats shall be taken after the inspection is held.

Considering the facts and circumstances of the case, this application is disposed of with a direction to the Registrar, Magadh University Bodh Gaya to ensure that final decision is taken on the petitioner's application within a reasonable period of time, preferably within a period of one month from the date of receipt/production of a copy of this order.

This disposes of the application.

ArunKumar/- (Chakradhari Sharan Singh, J) U