SAI DEV CHARITABLE TRUST Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsels for the parties. Petitioner, a charitable trust, has set up a B.Ed. College, known as Shyam Sai Institute of Education in the district of Siwan. The institution has gained recognition from National Council of Teachers Education, vide letter, dated 3rd of March, 2015. A copy of which is Annexure 1 to the writ application.

(2.) In terms of Annexure 1, the institution, in question, is also required to obtain affiliation from the university, exercising jurisdiction over the area. This is necessitated from the fact that the conduct of examination and award of degrees is required to be carried out by the university from where affiliation is given to the institution. The National Council of Teachers Education does not conduct any examination and does not award any degree. It only confers recognition and permission for conduct of such courses.

(3.) So far as the present petitioner is concerned, they made an application before what is known as Jai Prakash University, located at Saran at Chapra. The university has no objection as such in granting such affiliation. However, they have forwarded the request for grant of such affiliation before the State Government. A stand is taken even by the university that it is necessitated out of the provision, contained in Section 4, sub-clause (19) of the Bihar State Universities Act, 1976. Section 4, sub-clause-19 reads as under: