MAGADH UNIVERSITY BODH GAYA Vs. RAJKIYA SWAMI DAYANAND ARYA TEACHERS TRAINING COLLEGE B ED BIKRAM PATNA

JUDGEMENT

(1.) This L.P.A. has been filed by the Magadh University, and is authorities impugning the judgment dated 20th May, 1996 passed by a Learned single Judge of this Court in C.W.J.C. No. 10734 of 1995. By the said judgment, the Learned single Judge directed the University authorities to allow the students of respondent No. 1 to appear in the examination of B. Ed. provided forms of the students are duly forwarded by the authorities of respondent No. 1 and their fees are duly paid.

(2.) By an interim order issued in this appeal filed at the instance of the University the operation of the impugned order has been stayed.

(3.) The Learned Judge while delivering the said judgment relied on the fact that the State Government has granted temporary recognition in B. Ed. Course to respondent No. 1 for the Sessions 1987-88 to 1994-95. Therefore, relying on the said fact the Learned Judge came to the conclusion that the students of the said institution are eligible to appear in the B. Ed. Examination conducted by the said University since the college is situated in a place which is within the territorial jurisdiction of the said University. The Learned Judge further states that previously also under the orders of the Court students of respondent No. 1 appeared in the examination conducted by the Magadh University and at that point of time no recognition was granted. Now a temporary recognition has been granted and the students have attended their Classes and paid their fees. On these facts the Learned Single Judge held that it becomes incumbent upon the respondent-University to allow the students to appear in the examination.