GUNESWAR MUSAHARY Vs. GAUHATI UNIVERSITY

JUDGEMENT

(1.) THE grievances raised in the seven writ petitions being similar, they are taken up for hearing together and disposed of by this common judgment and order.

(2.) THE facts of the cases, in brief, are narrated hereunder.

(3.) IN WP (C) No. 5196/05 the Principal-in-Charge, as well as, Secretary of Gossaigaon B. Ed. College, Gossaigaon (in short the 'college') as writ petitioners have approached this Court, seeking a writ of mandamus for a direction to the respondents particularly respondent No. 1 i. e. Gauhati University (G. U. for short) to allow the students/trainees of B. Ed. Course of petitioners' college to appear in B. Ed. Examination for the session 2004-05 scheduled to be held in the year 2005 with all other required practical examination to be conducted by respondent No. 1 i. e. Gauhati University. The said writ petition came up for consideration before this Court on 22. 7. 05. This Court while admitting the writ petition by issuing rule, in the interim, directed the Gauhati University respondent No. 1 to accept the applications from the students of the B. Ed. course of the petitioner's college and allow them to appear in the B. Ed. Examination 2005 for the session 2004-05 including the practice practical examination. While passing the aforesaid interim order, the court had also made it clear that the result of the examination shall not be pronounced without leave of this court. Subsequently, a miscellaneous application being Misc. Case No. 1345/06 was filed, praying for a direction to respondent No. 1, i. e. Gauhati University, to declare the results of the B. Ed. Examination 2005, held on 18. 9. 05 of the petitioner's college. However, vide court's order dated 10. 5. 06, the same was kept to be heard alongwith the main writ petition. The petitioner's case in brief is that, in anticipation of getting recognition for the session 2004-2005, the college authority had enrolled the students in B. Ed. Course for the session 2004-2005. Thereafter, various correspondences were made between the college authority and the respondent No. 1, 2 and 3. The petitioner's college is affiliated to the Gauhati University i. e. , respondent No. 1. But, after coming into force the National Council for Teacher Education Act. 1993 (hereinafter referred to as Act 1993), without the recognition under Section 14 of the Act, there could not have been any affiliation to the college by the University nor could the University allow the students from the college to appear in the examination. The terms and conditions laid down by National Council for Teacher Education (NCTE for short) are required to be fulfilled before granting recognition by NCTE for the session 2004-2005, though, the NCTE has recognised the college for the session 2005-2006, resulting in deprivation of the students of that college from appearing in B. Ed. Examination for the session 2004-2005, which culminated in filing the writ petition with the prayer as stated hereinabove.