NISHA SHUKLA Vs. STATE OF M P

JUDGEMENT

(1.) PETITIONERS have filed this writ petition and feel aggrieved by inaction on the part of the respondent No. 3 in not declaring the result of the Course in question namely B.Ed for the academic session 2007 -2008. It is a case of the petitioners that after fulfilling all the criteria required they sought admission in B.Ed Course in respondent No. 4 Institute situated in Rewa. They were granted admission and their examination for the Course being B.Ed. for the academic session 2007 -08 is over, but when after conduct of the examination results were not declared for more than three years, this writ petition was filed seeking a direction to respondent University for declaring their result. It is stated that the University having accepted the examination form and having taken the examination are now precluded from refusing to declare the results. It is stated that petitioners have taken admission after being satisfied of the fact that respondent No. 4 institute fulfills all the condition required for grant of admission and as the admission was taken after proper enquiry, it is stated that now the benefit cannot be denied to the petitioners.

(2.) RESPONDENTS No. 2 and 3 have filed the reply and it is pointed out by the respondents that institute in question, namely, Geeta Jyoti B.Ed. College, Rewa granted admission to the students without proper recognition and affiliation from the National Council for Teachers Education or the University. Referring to section 17A of the NCTE Act, 1993 it is pointed out that no admission can be granted without recognition and as admission was granted without proper recognition, the University has refused to declare the result and it is pointed out that petitioners are not entitled to any relief as they have been admitted to a institute which was not recognized by the Statutory authority.

(3.) SHRI V. Mishra, learned counsel for the respondent University points out that in the admission card issued to the candidates itself it is clearly stipulated that permission to appear in the examination is subject to decision of Supreme Court in the pending SLP. The order passed by the Supreme Court in Special Leave Petition No.21288/2009 Annexure R2/1 has been brought on record by the National Council for Teachers Education and in this order Geeta Jyoti B.Ed College is also petitioner No. 2 before the Supreme Court. From the reply filed by respondent No. 2, the Nation Council for Teachers Education, it is clear that the institute in question was not having proper recognition tor the academic session and therefore, it is stated by them that by virtue o f section 17A of the NCTE Act, 1993 no relief can be granted to the institute or students now.