WALI AHMED Vs. L N MITHILA UNIVERSITY

JUDGEMENT

(1.) HEARD Sri Ahsanuddin Amanullah, learned counsel for the petitioners, Sri S. N. Pathak, learned Standing Counsel for the National council for Teachers Education and Sri Ramakant Sharma, learned counsel for the L. N. Mithila University.

(2.) PETITIONERS have assailed the order dated 31-3-2000, passed by the regional Director of the National Council for the Teachers Education, annexure-10, where-under the council has withdrawn the provisional recognition granted to the petitioner-institution, vide order dated 23/24-2-1999, as according to the Regional Director, the said provisional recognition was obtained fraudulently and through misrepresentation.

(3.) LEARNED counsel for the petitioners, assailing the impugned order, submitted that the same was passed without giving him any opportunity of being heard or making any representation as is required under proviso to Sub-section (1) of Section 17 of the NCTE Act, 1993 which empowers the National Council for the Teachers Education to withdraw any recognition or approval after hearing the institution in question. In this connection he also relied on the representation of the institution submitted to the Regional Director of the National Council for Teachers Education dated 12-4-2000, as contained in Annexure-11. Counsel for the petitioners further submitted that as the impugned order was passed contrary to the provisions of law, the students of the institution who studied in the said institution during the period for which provisional recognition was granted, should not be allowed to suffer. He further submitted that the examination, pursuant to the notification of the L. N. Mithila University dated 12-10-2004 is to commence shortly as 10-11 -2004 has been notified as the last date for acceptance of fee and forms with fine and the students of the institution should be allowed to appear in the ensuing examination and direction be issued to the University to accept the fee and forms of the students of the petitioners-institution and they be admitted in the examination as present examination is being held after a span of four years and it is not known when the next examination will be held.