GOPINATH SINGH BED COLLEGE Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Seeking a direction to the university for grant of affiliation to the petitionercollege for academic session 201415 and seeking a direction to the respondentState of Jharkhand to grant necessary approval for affiliation to the petitionercollege for running B.Ed course with annual intake of 100 students, the present writ petition has been filed.

(2.) The petitionercollege, a Teachers Training College, is run and managed by a registered Trust namely, "Gopinath Singh Jan Seva Trust". It applied for grant of recognition for B.Ed course and the National Council for Teacher Education, Eastern Region Committee vide letter dated 03.03.2014 granted recognition from academic session 201415. Thereafter, the petitioner immediately vide applications dated 20.03.2014 and 21.03.2014, applied for affiliation to the University. An Inspection Committee was constituted by the University vide Notification dated 28.03.2014 which conducted inspection of the petitionercollege on 01.04.2014 and submitted its report on 04.04.2014. The Syndicate of the respondentUniversity considered the matter for grant of affiliation to the petitionercollege in its meeting dated 05.04.2014 and the application of the petitionercollege was forwarded to the State Government for approval. Subsequently, vide letter dated 29.04.2014 the respondentUniversity recommended the case of the petitionercollege for grant of affiliation for B.Ed course for the academic session 201415. In the meantime when the proposal of the petitionercollege was not considered by the respondentState of Jharkhand, it moved the Hon'ble Supreme Court in W.P.(C) No. 693 of 2014 seeking a direction upon the State Government and the University to process the application for affiliation to the petitionercollege. The writ petition was permitted to be withdrawn with liberty to the petitioner to approach the High Court and therefore, the present writ petition has been filed.

(3.) A counteraffidavit on behalf of the respondentState of Jharkhand has been filed stating that the proposal for grant of affiliation was submitted by the university to the Directorate of Higher Education on 06.05.2014 which was much after the cutoff date fixed by the Hon'ble Supreme Court in the case of "Maa Vaishno Devi Mahila Mahavidyalaya vs. State of U.P. and Others, 2013 2 SCC 617". In the said case, the Hon'ble Supreme Court has ordered that in the event of disobedience of the timeschedule and/or any attempt to overreach or circumvent the judgment of the Court or the directions contained therein, the concerned person shall be liable for proceeding under the Contempt of Courts Act, 1971 and therefore, in obedience of timeschedule prescribed by the Hon'ble Supreme Court, the proposal for grant of affiliation to the petitionercollege was not entertained.