SCHOLAR B ED COLLEGE Vs. VINOBA BHAVE UNIVERSITY

JUDGEMENT

(1.) Seeking a direction upon the respondents to modify the affiliation order dated 27.09.2013 for Academic Session 201314 onwards or until further orders in terms of recognition granted by National Council of Teachers Education (NCTE) and for a direction to the respondents to grant affiliation to the petitioner's college for B.Ed. course for the Academic Session 201415 onwards, the present writ petition has been filed by the petitionerScholar B.Ed. College, Giridih. A declaration that action of the respondents in not granting affiliation to the petitioner's college for running B.Ed. course for Academic Session 201314 is illegal, arbitrary and against the law has also been sought by the petitioner in the writ petition.

(2.) The brief facts of the case shorn of unnecessary details are summarised thus, The petitionercollege is run and managed by a registered Trust namely, Scholar Trust which was established and registered in the year, 2011. The petitionerCollege applied for grant of recognition of National Council of Teachers Education and vide letter dated 14.06.2013 and it was granted recognition for the Academic Session 201415 for running one year B.Ed. course of Secondary level with an annual intake of 100 students. Since the petitioner had applied much earlier, it sought recognition for the Academic Session 201314. Aggrieved by order granting recognition dated 14.06.2013, the petitioner approached the Hon'ble Supreme Court in W.P.(C) No. 407 of 2013 and vide order dated 03.07.2013, the Hon'ble Supreme Court held that the recognition granted to the petitionerCollege would relate to Academic Session 201314. Consequently, the NCTE vide letter dated 14.08.2013 accorded recognition to the petitionerCollege for Academic Session 201314. The petitionerCollege applied for affiliation of the Vinoba Bhave University for the Academic Session 201415 and it deposited requisite fee etc. vide application dated 06.01.2014. In the meantime, the University vide letter dated 27.09.2013 granted affiliation to the petitionerCollege in anticipation of approval from the State Government. However, since the petitionerCollege was not finally granted affiliation for the Academic Session 201415, it approached this Court by filing the present writ petition.

(3.) A counteraffidavit has been filed on behalf of the respondentVinoba Bhave University stating that since the State Government did not grant its approval for grant of affiliation for the Academic Session 201314, the application of the petitionerCollege seeking affiliation for the Academic Session 201415 could not be processed. It is stated that the recognition by NCTE does not automatically enable the Institute to take admission. Referring to the statement made in the writ petition that the petitionerCollege has taken admission, it is stated that the petitionerCollege committed gross illegality in taking admission. The letter dated 27.09.2013 was issued by the respondentUniversity in anticipation of grant of approval by the State Government.