NATIONAL TEACHER TRAINING COLLEGE Vs. STATE OF BIHAR

JUDGEMENT

(1.) AS similar dispute is involved in these 28 writ petitions, they have been heard together. The dispute relates to five Teachers' Training Colleges. By the impugned orders their recognition/affiliation has been cancelled or withdrawn and the examinations conducted by them as well as the degrees etc. awarded to the students at such examination have been cancelled. The petitioners seek quashing of those orders and consequential reliefs. CWJC No. 5430 of 1999 is by one of the colleges, namely, the National Teachers Training College, Arer, district Madhubani. The remaining 27 cases are by the students of (i) R. A. College of Education, Kunjauri, Alamnagar, district Madhepura, being CWJC Nos. 10687 of 1999 and 7712 of 2000, (ii) S. M. Zareef College of Education, Darbhanga being CWJC No. 7515 of 2000, (iii) S. Wakil Ahmad Teachers ' Training College, Darbhanga being CWJC No. 8417 of 2000, and (iv) Muslim Minority Ahmadia B.Ed. College, Ram -pura, Katihar, being CWJC Nos. 7448, 7482, 7422, 7555, 7564, 7663, 7668, 7686, 7697, 7799, 7805, 7859, 7867, 8245, 8343, 8429, 8807, 8835, 8890, 8922, 8923 of 2000 and CWJC No. 640 of 2001.

(2.) THE case of National Teachers ' Training College, Arer, is that it was established by a registered society for the minority community in 1987. On 7.7.87 it applied to the State Government for recognition under the Bihar Non -Government Physical Training Colleges and Non -Government Teachers ' Training Colleges and Non -Government Primary Teachers ' Training Colleges (Control and Regulations) Act, 1982 (Bihar Act 21 of 1982) (hereinafter referred to as 'the State Act '). During the pendency of the application the National Council for Teacher Education Act, 1993 (Act No. 3 of 1993) (hereinafter referred to as 'the NCTE Act ') came into force. On 1.9.97 the management of the college requested the State Government to forward the application to the Eastern Regional Council at Bhubneshwar constituted under the said Act. However, the State Government constituted an Inspection Team which held inspection of the College on 22.8.97 and on the basis of the report dated 25.8.97 submitted by it, granted recognition with effect from 1987 -88 on 25.11.97. On 4.12.97 the decision was communicated to the L. N. Mithila University and the Regional Committee of Bhubneshwar. The University notified the decision of the State Government on 11.12.97. On 23.12.97 it informed the Secretary/Principal of the College that in the light of the aforesaid orders/notification the Vice Chancellor was pleased to permit 150 students each for sessions 1987 -88 to 1995 - 96 to appear at the B.Ed. examination 1997. The number of students allowed to appear was raised to 250 later by the Vice Chancellor from the session 1994 -95 vide Controller of examination memo dated 9.1.98. On 6.3.98 the Regional Committee allowed the college to continiue pending disposal of application for recognition. The recognition by the Regional Committee finally came on 23.12.99 for the session year 1999 -2000 with annual intake of 240 students. On 18.5.99 the State Government informed the University that the letter dated 4.12.97 (supra) purporting to be communication of the government order regarding recognition of the college had been found to be forged by the Cabinet Vigilance Department; a criminal case being Vigilance P.S. Case No. 8 dated 11.5.98 had been registered in this regard, and accordingly the said government order dated 4.12.97 was cancelled. Upon receipt of the said communication on 25.5.99 the University issued the impugned order cancelling the recognition/affiliation of the college, further cancelling the admission of the students, the examination and degrees, certificates, marksheets etc. awarded on the basis of those examination.

(3.) AS regards S. M. Zareef College of Education, Darbhanga, which is the subject of CWJC No. 7515 of 2000 it has been stated that the college was established in the year 1990 by a Muslim Minority Society called Rauf Muslim Jamia. On request by the management of the college an Inspection Team made inspection on 5.10.97 and submitted favourable report. As decision in the matter of affiliation and recognition were not being taken some of the students of the college came to this Court in CWJC No. 617/98 which was disposed of on 28.1.98 with a direction to the University to take a decision. The matter was thereafter placed before the Affiliation Committee of the L. N. Mithila University which constituted a sub -committee and on the basis of its report and recommendation of the Affiliation Committee the Vice Chancellor issued affiliation order for the Sessions 1995 -96 and 1996 -97 on 9.2.98. The Syndicate later approved the decision of the Vice Chancellor. The Eastern Regional Committee established under the NCTE Act 1983 also later granted recognition on 28.3.98 for the Session 1997 -