Shivam College Of Higher Studies vs The Bihar School Examination ...
2021 Latest Caselaw 4924 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                Civil Writ Jurisdiction Case No.10771 of 2020
     ======================================================

Shivam College of Higher Studies, Plot No.-243, Village-Phulwaria, PO-Baikathpur, Tehsil/Taluka-Khusrupur, Dist.-Patna, Bihar-803202 through its Principal Kamala Singh Yadav, male, aged about 41 years, S/o Dubari Singh Yadav, R/o Mustafachak, Saidpur, Saidpur Ghazipur, Uttar Pradesh-233304.

... ... Petitioner/s Versus

1. The Bihar School Examination Board, Sinha Library Road, Patna through its Secretary.

2. The Chairman, Bihar School Examination Board, Sinha Library Road, Patna.

3. The Secretary, Bihar School Examination Board, Sinha Library Road, Patna.

4. The National Council for Teacher Education, Hans Bhawan Wing-II, Bahadurshah Zafar Marg, New Delhi-110002 through its Member Secretary.

5. The Regional Director, National Council for Teacher Education, Eastern Regional Committee, 15 Neelkanth Nagar, Nayapalli, Bhubneshwar-751012.

... ... Respondent/s =================================================== Appearance :

For the Petitioner/s : Mr. Suman Kumar, Adv. For the BSEB : Mr. Purnendu Singh, Adv. For the NCTC : Mr. Sunil Kumar Singh, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH

CAV JUDGMENT

Date : 08-10-2021

Heard the learned counsel for the petitioner,

Sri Suman Kumar, as also the learned counsel Patna High Court CWJC No.10771 of 2020 dt.08-10-2021

appearing for the Bihar School Examination Board,

Sri Purnendu Singh and the learned counsel

appearing for the National Council for Teacher

Education, Sri Sunil Kumar Singh.

2. The present writ petition has been filed for

directing the respondent authorities to grant

affiliation to the petitioner College for the session

2016-2018 from the Bihar School Examination

Board, Patna (hereinafter referred to as the

'BSEB'), for imparting D.El.Ed. courses.

3. The briefs facts of the case are that the

petitioner College appears to have been

established for imparting D.El.Ed. courses and had

applied to the Respondent-National Council for

Teacher Education (hereinafter referred to as the

'NCTE') for grant of recognition for conducting the

D.El.Ed. Course, whereafter, the NCTE, finding that

the petitioner college is fulfilling all the requisite

norms, had, by an order dated 02.05.2016, granted

recognition / permission to the petitioner College

for conducting D.El.Ed. programme for two years Patna High Court CWJC No.10771 of 2020 dt.08-10-2021

duration with an intake of 100 students from the

academic session 2016-2017 under Clause 7(16) of

the NCTE (Recognition Norms and Procedure)

Regulations, 2014, subject to fulfillment of the

conditions mentioned in the said order dated

02.05.2016.

4. It appears that after receipt of the recognition

from the NCTE from the academic session 2016-

2018, the petitioner College is stated to have

submitted an application to the Respondent-BSEB

for grant of affiliation, however, the affiliation has

been granted by the Respondent-BSEB to conduct

the D.El.Ed. courses from the academic session

2017-19 instead of the academic session 2016-

2018 vide letter dated 26.09.2017.

5. The learned counsel for the petitioner, in this

regard, has relied upon a judgment rendered by

the learned Division Bench of this Court dated

28.3.2019 passed in CWJC No. 19046 of 2018

(Rajendra Kishore B.Ed. College, Sughari &

Ors. vs. The Bihar School Examination Board Patna High Court CWJC No.10771 of 2020 dt.08-10-2021

& Ors.) & other analogous cases, reported in

2020 (4) PLJR 829, paragraph no. 41 whereof is

reproduced herein below:-

"41. We thus choose to read down Clause

(xiii) which is sought to be added to Regulation 8 of '2016 Regulations' by removing the bar of session i.e. 2014-16, to cover all training sessions as until the date on which the notification was published i.e. 07.07.2018 and since on principle the Board has resolved to grant affiliation to the Training Colleges from the session the said Colleges have obtained recognition from the Eastern Regional Committee, the National Council of Teachers Education, Bhuvaneshwar/ National Council of Teachers Education, New Delhi, applying the same principles the Board would grant affiliation to these petitioners institutions as well from the sessions they have obtained recognition from the NCTE.

That the respondent Board have at paragraph 20 of the counter affidavit showed intentions to hold examination for the academic Session 2014-16, 2015-17 and 2016-18 for the Colleges, whose past examination have been validated, the Board shall allow the students of the petitioners institutions also to participate in the Session 2016-18 unless Patna High Court CWJC No.10771 of 2020 dt.08-10-2021

otherwise found ineligible to participate. Let the exercise of grant of affiliation be completed by the Board within four weeks of receipt/ production of a copy of the judgment."

6. Thus, the learned counsel for the petitioner

has submitted that the petitioner College is

entitled to affiliation by the Respondent-BSEB from

the academic session 2016-2018 in view of the bar

of Session 2014-16, in regulation 8 of the Bihar

School Examination Board (Issuance of Teachers

Education No Objection Certificate, Affiliation

Norms and Procedure) Regulations, 2016

(hereinafter referred to as the "BSEB Regulations,

2016"), having been removed so as to cover the

session up to the academic session 2016-2018, by

the aforesaid judgment dated 28.03.2019 passed

in the case of Rajendra Kishore B.Ed. College,

Sughari & Ors. (supra). It is submitted that the

petitioner is entitled to similar treatment as has

been allowed to 44 similarly situated Colleges. It is

also submitted that as far as the schedule laid

down by the Hon'ble Apex Court in the case of Patna High Court CWJC No.10771 of 2020 dt.08-10-2021

Maa Vaishno Devi Mahila

Mahavidyalaya v. State of Uttar Pradesh &

Ors. is concerned, the same has itself been

violated by the Respondent-BSEB by giving

affiliation to other Colleges retrospectively. As far

as Clause 8(10) of the NCTE Regulation, 2014 is

concerned, it is stated that the Respondent-BSEB

has again violated the same by giving affiliation to

other Colleges from retrospective effect.

7. The learned counsel for the Respondent-BSEB

has submitted that the present writ petition does

not disclose any details or particulars whatsoever

and the petitioner has merely relied upon the

judgment, rendered in the case of Rajendra

Kishore B.Ed. College, Sughari & Ors. (supra),

hence, on this ground alone, the present writ

petition is fit to be dismissed.

8. The learned counsel for the Respondent-BSEB

has also relied on a judgment rendered by this

Court in the case of National B.Ed. College of

Higher Education vs. The State of Bihar & Patna High Court CWJC No.10771 of 2020 dt.08-10-2021

Ors., delivered on 13.8.2020 in CWJC No. 3936 of

2019, to submit that in a similar case, this Court

has denied any relief to the petitioner of that case.

The learned counsel for the Respondent-BSEB has

further referred to the judgment rendered by the

Hon'ble Apex Court in the case of Maa Vaishno

Devi Mahila Mahavidyalaya v. State of Uttar

Pradesh & Others., reported in (2013) 2 SCC

617, relevant paragraphs whereof are reproduced

herein below:-

"87. Compelled by these circumstances and to ensure that there exists no ambiguity, uncertainty and confusion, we direct and prescribe the following Schedule upon a cumulative reading of the Regulations and judgments of this Court in relation to recognition and affiliation:

87.1 Schedule for Recognition and Affiliation

87.1.1 Submission of 1st September to 1st applications for October of the year recognition in terms immediately preceding of the relevant academic Regulation 5(4) year

87.1.2 Communication of Within 45 days from deficiencies, the date of receipt of shortcomings the applications or any other discrepancy in the application Patna High Court CWJC No.10771 of 2020 dt.08-10-2021

submitted by the applicant to the applicant in terms of Regulation 7(1)

87.1.3 Removal of such Within 60 days from deficiencies by the the date of receipt of applicant communication

87.1.4 Forwarding of copy of Within 90 days from the the date of receipt of application to the the application State Government/UT Administration for its recommendations/ comments in terms of Regulation 7 (2)

87.1.5 Recommendations/ Within 30 days from comments of the the date of issue of State letter to it Government/UT Administration to be submitted to the Regional Committee under Regulation 7(3)

87.1.6 If recommendations/ Within seven days comments are not from the date of received expiry of the period within 30 days, the of 30 days Regional Committee shall send to the State Government/ UT Administration a reminder letter for submission of the recommendations/ comments

87.1.7 State Government/ Within 15 days from UT the date of receipt of Administration shall such reminder letter furnish the recommendations/ Patna High Court CWJC No.10771 of 2020 dt.08-10-2021

comments

87.1.8 Intimation Within 10 days from regarding final scrutiny of the inspection by the application Regional Committee to the applicant under Regulation 7(4)

87.1.9 Report by the 20 days thereafter Inspection Committee under Regulation 7(5)

87.1.10 Letter of intent to 10th of February of the the succeeding institution with year/relevant year respect to grant or refusal of recognition in terms of Regulation 7(9)

87.1.11 Time to comply 20 days from the with certain date of issuance of specified letter of intent conditions, in terms of Regulations 7(10) and 7(11)

87.1.12 Issuance of formal By 3rd March of order of each year recognition

87.1.13 Last date for By 10th March of submitting each year proposal for affiliation

87.1.14 Forwarding of By 10th March of proposal by each year the University to the State Government/UT Administration after inspection by expert team

87.1.15 Comments to be By 10th March of Patna High Court CWJC No.10771 of 2020 dt.08-10-2021

submitted each year by the State Government/UT Administration, if any

87.1.16 Final date for By 10th March of issuance/ each year grant of affiliation for the relevant academic year

87.2 All notices/orders/requirements/letters in terms of the above schedule or under the provisions of the Act or terms and conditions of already granted recognition/affiliation shall be sent by the authority concerned by speed post/e-mail on the address given in the application for correspondence, etc. and shall be posted on the website of the Authority/ Committee/ Council/ Government concerned.

87.3 The recognition and affiliation granted as per the above Schedule shall be applicable for the current academic year. For example, recognition granted up to 3-3-2013 and affiliation granted up to 10-5-2013 shall be effective for the academic year 2013-2014 i.e. the courses starting from 1-4-2013. For the academic year 2013-2014, no recognition shall be issued after 3-3-2013 and no affiliation shall be granted after 10-5-2013. Any affiliation or recognition granted after the Patna High Court CWJC No.10771 of 2020 dt.08-10-2021

above cut-off dates shall only be valid for the academic year 2014-2015.

87.4 We make it clear that no Authority/ person/Council/ Committee shall be entitled to vary the Schedule for any reason whatsoever. Any non-compliance shall amount to violating the orders of the Court".

9. The learned counsel for the Respondent-BSEB

has thus submitted that the aforesaid time

schedule determined by the Hon'ble Apex Court for

grant of recognition and affiliation has to be

adhered to and on failure to comply with the said

schedule, the same would amount to violating the

orders of the Hon'ble Apex Court. In this

background, it is submitted that the petitioner

institution was granted recognition by an order

dated 02.05.2016 passed by the NCTE for

conducting the D.El.Ed. programme from the

academic session 2016-2018, however, the

petitioner College applied before the Respondent-

BSEB for grant of affiliation, after a delay of nine

and a half months on 10.02.2017 i.e much after

expiry of the last date of submitting proposal for Patna High Court CWJC No.10771 of 2020 dt.08-10-2021

affiliation, since the same is to be done by 10 th

March of each year, which in the present case was/

is 10.3.2016, whereafter the Respondent-Board,

after following the due process of law, promptly

granted the affiliation to the petitioner College

from the academic session 2017-2019 vide letter

dated 26.09.2017.

10. The learned counsel for the Respondent-BSEB

has further submitted that it would be apt to state

and point out that from a bare perusal of the letter

bearing 46601 dated 02.05.2016 (Annexure-2 of

the Writ), it is clear that a Conditional recognition

has been granted to the petitioner institute/college

by the Eastern Regional Committee of the NCTE in

terms of NCTE (Recognition Norms & Procedure)

Regulation 2014, which is subject to fulfillment of

the conditions stipulated therein; clause 3(iii)

whereof reads as follows:-

"The institution shall make admission only after it obtains affiliation from the examining body in terms of clause 8 (10) of the NCTE (recognition Norms & Procedure) Regulation 2014".

Patna High Court CWJC No.10771 of 2020 dt.08-10-2021

11. The learned counsel for the Respondent-BSEB

has further submitted that the Hon'ble Supreme

Court, in the case of Maa Vaishno Devi Mahila

Mahavidyalaya and Others (Supra) has formulated

schedule/guidelines for the purposes of recognition

and affiliation process with regard to all the

training courses to be run by various institutions,

paragraph No. 69 whereof reads as follows:-

"69. Thus grant of recognition or affiliation to an institute is a condition precedent to running the course by the institute. If either of them is not granted to the institute, it would not be in a position to commence the relevant academic Course".

It is thus submitted that under strict adherence

to the Judgment passed by the Hon'ble Apex Court

and this Hon'ble Court, the process of affiliation

was undertaken with respect to the petitioner. In

terms of the BSEB Regulations, 2016, the affiliation

to the petitioner's institution had been granted

from the academic sessions 2017-19 with

prospective effect since there is such provision to

grant affiliation with retrospective effect. Patna High Court CWJC No.10771 of 2020 dt.08-10-2021

12. The learned counsel for the Respondent-BSEB

has further submitted that in a similar matter

regarding affiliation, the Hon'ble Supreme Court,

by an order dated 09.10.2017, passed in W.P.(C)

No. 956/2017 (Crescent School Of Education

And Training & Ors. Vs. Maulana Mazharul

Haque Arabic And Persian University & Anr.),

had issued directions in the following terms:-

"However, We make it clear that the University shall abide by the NCTE Regulation and the schedule fixed by Maa Vaishno Devi Mahila Mahavidyalaya VS. State of U. P. and others."

13. The learned counsel for the Respondent-BSEB

has referred to yet another similar matter, wherein

also ante dating of recognition and affiliation was

being prayed for, to show that the Hon'ble

Supreme Court, by an Order passed in W.P. (C) No.

747 / 2018 (R.S. College Vs The Bihar School

Examination Board), has been pleased to

observe as follows:-

"As the counseling for admission is already going on, we are not inclined to pass any order

(s), as prayed for as the same may affect the Patna High Court CWJC No.10771 of 2020 dt.08-10-2021

academic session which is due to commence or has already commenced. Neither are we inclined to ante date the recognition and affiliation of any of the petitioners to the year 2018-2019. Writ petition and all pending applications are accordingly dismissed."

14. The learned counsel for the Respondent-BSEB

has referred to yet another identical matter being

CWJC No. 3936 of 2019, wherein, this Hon'ble

Court, upon considering the provisions of the BSEB

Regulations, 2016, has held that in view of the

schedule fixed by the Apex Court in case of Maa

Vaishno Devi Mahila Mahavidyalaya (supra),

the relief as claimed by the petitioner of the said

case, cannot be granted for the academic year

2017-19. Similarly, in the present Writ petition also

the petitioner's claim for according affiliation for

the academic session 2016-18 is not tenable in the

eyes of law, hence the present writ petition is fit to

be dismissed.

15. Lastly, it is submitted by the learned counsel

for the Respondent-BSEB that the D.El.Ed. exam

was scheduled to begin from 06.04.2021, hence, Patna High Court CWJC No.10771 of 2020 dt.08-10-2021

now no relief can be granted to the petitioner as

far as the academic session 2016-2018 is

concerned, apart from the fact that the

respondent-BSEB cannot act contrary to the law

laid down by the Hon'ble Apex Court in the case of

Maa Vaishno Devi Mahila Mahavidyalaya

(supra).

16. I have heard the learned counsel for the parties

and perused the materials on record from which it

is apparent that the petitioner was granted

recognition by the NCTE for conducting D.El.Ed.

programme of two years duration with an intake of

100 students from the academic session 2016-

2017 vide order dated 02.5.2016, whereafter the

petitioner had applied before the Respondent-BSEB

for grant of affiliation, belatedly on 10.02.2017,

when the time period prescribed by the Hon'ble

Apex Court in the case of Maa Vaishno Devi

Mahila Mahavidyalaya (supra) had already

expired as far as academic session 2016-2018 is

concerned, hence, the Respondent-BSEB granted

affiliation to the petitioner College for running the Patna High Court CWJC No.10771 of 2020 dt.08-10-2021

D.El.Ed. Course for the session 2017-2019.

17. Another aspect of the matter is that as per

Regulation 8(10) of the NCTE (Recognition Norms &

procedure) Regulation, 2014, admission by the

concerned institution can only be made after

affiliation is granted by the examining body, hence,

this Court is of the view that the petitioner could

not have taken admission for the session 2016-

2018, pertaining to the D.El.Ed. programme, thus,

on this score as well, the petitioner is fit to be non-

suited. This Court further finds that the schedule

prescribed by the Hon'ble Apex Court in the

judgment rendered in the case of Maa Vaishno

Devi Mahila Mahavidyalaya (supra) has also not

been adhered to, as far as the session 2016-18 is

concerned inasmuch as the formal order of

recognition is to be issued by the NCTE by the third

of March of each year, however, in the present

case, the said order of recognition was issued by

the NCTE only on 02.05.2016, thus, the same could

be valid only for the session starting from 2017-

2019. Moreover, the aforesaid schedule fixed by Patna High Court CWJC No.10771 of 2020 dt.08-10-2021

the Hon'ble Apex Court prescribes the last date of

submission of proposal for affiliation as 10 th of

March of each year or within seven days of the

issuance of formal order of recognition by the

NCTE, however, in the present case, the petitioner

College had sat over the matter and after a delay

of nine and a half months, had applied before the

Respondent-BSEB for grant of affiliation, only on

10.02.2017, whereafter the same was processed

by the Respondent-BSEB and the petitioner College

was granted affiliation for the session 2017-2019,

vide letter dated 26.09.2017, inasmuch as the last

date fixed for grant of affiliation for the relevant

academic year i.e. 10th March of each year, as fixed

by the Hon'ble Apex Court in the aforesaid

judgment, had expired as far as the academic

session 2016-2018 is concerned, thus, this Court

finds that the Respondent-BSEB has acted fairly in

granting affiliation to the petitioner institution for

the academic session 2017-2019.

18. Last but not the least, it would be unfair to

the petitioner if this Court does not advert to the Patna High Court CWJC No.10771 of 2020 dt.08-10-2021

judgment relied upon by the learned counsel for

the petitioner, rendered in the case of Rajendra

Kishore B.Ed. College, Sughari & Ors. (supra).

In this connection, it would be relevant to, first of

all, reproduce Regulation 8(xiii) of the BSEB

Regulations, 2016 herein below:-

"Regulation 8(xiii)- Such Training colleges of the State of Bihar, which have been got recognition from the National Council of Teacher's Education up to training session 2014-16 before promulgation of the National Council of Teacher's Education Regulation, 2014 and could not have been given affiliation from the Board due to certain reasons and regular examination for the admitted students of the said Colleges has been organized and result of the same have also been published by the Board, shall deemed to be affiliated from the Board under the Bihar School Examination Board (Issuance of Teachers Education No Objection Certificate, Affiliation Norms and Procedure) Regulation, 2016 from the session of getting recognition from the Eastern Regional Committee, the National Council of Teacher's Education, Bhuvaneshswar/ the National Council of Teachers Education, New Delhi. But Patna High Court CWJC No.10771 of 2020 dt.08-10-2021

the Board shall be competent to inspect and take action against the Colleges of the said category accordingly, under the Bihar School Examination Board (Issuance of Teachers Education No Objection Certificate, Affiliation Norms and Procedure) Regulation, 2016."

19. This Court also deems it fit and proper to

reproduce paragraphs no. 22, 37 and 41 of the

judgment rendered in the case of Rajendra

Kishore B.Ed. College, Sughari & Ors. (supra)

herein below:-

"22. In substance, each of the writ petitioners, i.e. whether the Teachers Training Colleges or the students who have undertaken their teachers training course in the Session 2016-18 from the Colleges, have a prayer in common and i.e. a direction to the Examining/ Affiliating Body i.e. Bihar School Examination Board to grant affiliation to the respective Colleges for the Session 2016-18 in tune with the recognition given by the NCTE for the Session 2016-17. The grievance of the petitioners in this batch of writ petitions is that even though the College in question have obtained recognition from the NCTE for the academic Session 2016-17 well within time period so prescribed and Patna High Court CWJC No.10771 of 2020 dt.08-10-2021

whereafter they have also followed it up by depositing the required fee for grant of affiliation but it is because the respondent Bihar School Examination Board have delayed grant of affiliation on the pretext of Regulation being amended that the session has gone by. It is also their submission that since as per amendment to the Regulation whereby Clause (xiii) is added to Regulation 8, the Bihar School Examination Board has decided to grant affiliation to 44 Teachers Training Colleges with effect from the date they have obtained recognition from the NCTE, they should apply such principle uniformly across the Board to consider the case of the petitioners- Colleges in the same manner and the attempt by the Bihar School Examination Board to restrict the benefit only until the Session 2014-16 in respect of 44 Teachers Training Colleges whose students were allowed to appear in the examination held by the Board even in absence of grant of affiliation, is patently discriminatory and in case the respondent Board has taken a decision to validate the courses with retrospective effect then such retrospectivity needs to be extended in the case of the petitioners Colleges as well, in tune with the recognition granted by the NCTE for the Patna High Court CWJC No.10771 of 2020 dt.08-10-2021

academic Session 2016-17 and accordingly.

37. Regulation 8(xiii) notified on 7.7.2018, also quoted above admits to creation of a class of such institutions whose students were allowed to appear in the examination held by the respondent Board right since 1997-98 and since the students of these institutions were permitted by the Board to appear in the examination, hence to correct their own lapses that the Board has come up with the amendment to 2016 Regulations vide incorporation of Clause (xiii) to Regulation 8 and by retrospectively granting affiliation to these institutions from the Sessions they have obtained recognition from the NCTE.

41. We thus choose to read down Clause

(xiii) which is sought to be added to Regulation 8 of '2016 Regulations' by removing the bar of session i.e. 2014-16, to cover all training sessions as until the date on which the notification was published i.e. 7.7.2018 and since on principle the Board has resolved to grant affiliation to the Training Colleges from the session the said Colleges have obtained recognition from the Eastern Regional Committee, the National Council of Teachers Education, Bhuvaneshwar/ National Council of Teachers Education, New Delhi, Patna High Court CWJC No.10771 of 2020 dt.08-10-2021

applying the same principles the Board would grant affiliation to these petitioners institutions as well from the sessions they have obtained recognition from the NCTE. That the respondent Board have at paragraph 20 of the counter affidavit showed intentions to hold examination for the academic Session 2014-16, 2015-17 and 2016-18 for the Colleges, whose past examination have been validated, the Board shall allow the students of the petitioners institutions also to participate in the Session 2016-18 unless otherwise found ineligible to participate. Let the exercise of grant of affiliation be completed by the Board within four weeks of receipt/ production of a copy of the judgment."

20. A bare perusal of the Order dated 02.05.2016

(Annexure- 2 of the writ petition), issued by the

NCTE, clearly demonstrates that a conditional

recognition has been granted to the petitioner

institute by the Eastern Regional Committee of the

NCTE in terms of NCTE (Recognition Norms &

Procedure) Regulation, 2014, which is subject to

fulfillment of the conditions as stipulated therein

and one such condition stipulated in sub-clause (iii) Patna High Court CWJC No.10771 of 2020 dt.08-10-2021

of clause 3 reads as follows:- "The Institution shall

make admission only after it obtains affiliation from

the examining body in terms of clause 8(10) of the

NCTE (Recognition Norms & Procedure) Regulation

2014", therefore the petitioner institution cannot

claim to have admitted students for the academic

session 2016-18, without receiving affiliation from

the BSEB. In this regard, it would be apt to refer to

a judgment rendered by the Hon'ble Apex Court in

the case of Anuragi Devi Degree College vs.

State of U.P., reported in (2016) 12 SCC 517,

paragraphs No. 16 to 21 whereof are reproduced

herein below:-

"16. We are obliged to state here that there is justification for reproducing the above paragraphs from the aforesaid decision in Maa Vaishno Devi Mahila Mahavidyalaya case [Maa Vaishno Devi Mahila Mahavidyalaya v. State of U.P., (2013) 2 SCC 617 : 4 SCEC 775] . The Court has taken pains to explain the scheme of the Act, role of the university and the purpose of fixing a time schedule for each purpose. Certain action of the authorities can be flawed and eventually fall in the sphere of illegality. It has to be so Patna High Court CWJC No.10771 of 2020 dt.08-10-2021

declared by the Court. In the case at hand, the benefit could not be extended as the appellants have not maintained the time schedule fixed by the State Government pursuant to the judgments of this Court. Therefore, the order passed by the learned Single Judge [Anuragi Devi Degree College v. State of U.P., Writ-C No. 42336 of 2015, order dated 20-8-2015 (All)] as well as the Division Bench [Anuragi Devi Degree College v. State of U.P., 2015 SCC OnLine All 6432] cannot be found fault with.

17. The controversy does not end here. The stand of the University is that the appellant College has admitted students without having the necessary affiliation for the academic session 2015-2016. This kind of conduct has become a disease, and when the conduct becomes a disaster, it is a disastrous phenomenon. While dealing with admissions without affiliation from CBSE, the Court in Sunil Oraon v. CBSE [Sunil Oraon v. CBSE, (2006) 13 SCC 673 : 5 SCEC 709] referred to earlier decisions and was constrained to state thus : (SCC p. 682, para 23)

"23. Time and again, therefore, this Court had deprecated the practice of educational institutions admitting the Patna High Court CWJC No.10771 of 2020 dt.08-10-2021

students without requisite recognition or affiliation. In all such cases the usual plea is the career of innocent children who have fallen in the hands of the mischievous designated school authorities. As the factual scenario delineated against goes to show that the school has shown scant regards to the requirements for affiliation and as rightly highlighted by learned counsel for CBSE, the infraction was of very serious nature. Though the ultimate victims are innocent students that cannot be a ground for granting relief to the appellant."

18. In Adarsh Shiksha Mahavidyalaya Vs. Subhash Rahangdale [Adarsh Shiksha Mahavidyalaya v. Subhash Rahangdale, (2012) 2 SCC 425 : 4 SCEC 347] the Court has laid down that :

"87.(xv) The students admitted by unrecognised institution and institutions which are not affiliated to any examining body are not entitled to appear in the examination conducted by the examining body or any other authorised agency."

The Court further proceeded to direct : (SCC Patna High Court CWJC No.10771 of 2020 dt.08-10-2021

p. 488, para 88)

"88. (ii) The result of the students admitted by an unrecognised institution or by an institution which had not been granted affiliation by the examining body shall not be declared. The result of the students who were admitted without qualifying the entrance examination shall also not be declared. In other words, the students admitted by the private institutions on their own shall not be entitled to declaration of their result. If any private institution had not complied with the requirements of completing the prescribed training, then the result of students of such institution shall also not be declared."

19. In NCTE v. Venus Public Education Society [NCTE v. Venus Public Education Society, (2013) 1 SCC 223 : 4 SCEC 753] the two- Judge Bench ingeminating the anguish of the Court was compelled to observe : (SCC p. 242, para 33)

"33. ... It is urged by him that NCTE had procrastinated its decision at every stage and such delay was deliberate and, therefore, the Society was compelled to admit the students and Patna High Court CWJC No.10771 of 2020 dt.08-10-2021

impart education, regard being had to the fact that there were really no deficiencies. As has been laid down in many a pronouncement of this Court that without recognition from NCTE and affiliation from the university/examining body, the educational institution cannot admit the students. An educational institution is expected to be aware of the law. The students who take admission are not young in age. They are graduates. They are expected to enquire whether the institution has recognition and affiliation. If we allow ourselves to say so, the institution had given admission in a nonchalant manner. Possibly, its functionaries harboured the idea that they had incomparable fertile mind. The students who had taken admission possibly immersed with the idea that ignorance is a bliss. It is also necessary to state that the institution had the anxious enthusiasm to commercialise education and earn money forgetting the factum that such an attitude leads to a disaster. The students exhibited tremendous anxiety to get a degree without bothering for a moment whether their effort, if any, had Patna High Court CWJC No.10771 of 2020 dt.08-10-2021

the sanctity of law."

20. Coming to the present case. As is evincible, the University has not granted affiliation as the schedule for the same was over. No appeal was preferred by the appellant College. The High Court rightly held that it cannot issue a writ contrary to the judgment of this Court. However, we observe that the University shall consider the application for affiliation, if not considered already, within a span of four weeks and if the affiliation is granted the students who had been granted admission shall be treated as students as admitted for the academic session which would be covered by the affiliation to be granted in future. We have so directed so that the appellant College would not be in a position to admit any other student after affiliation is granted.

21. Consequently, the appeal stands dismissed. There shall be no order as to costs."

21. A bare perusal of the aforesaid judgment

rendered in the Rajendra Kishore B.Ed.

College, Sughari & Ors. (supra) would show that

firstly, the amendment brought in by the

Respondent-Board in the BSEB Regulations, 2016, Patna High Court CWJC No.10771 of 2020 dt.08-10-2021

vide notification dated 07.07.2018, by

incorporating Clause 8(xiii), applies only to such

training Colleges of the State of Bihar, who have

got recognition from the NCTE up to the session

2014-2016 and moreover, the same deals with

only such type of cases where affiliation from the

Board could not be given due to certain reasons,

but nonetheless, regular examination of the

admitted students of the said colleges had been

organized and result of the same had been

published by the Respondent-BSEB. In fact, the

learned Division Bench in the aforesaid judgment

rendered in the case of Rajendra Kishore B.Ed.

College, Sughari & Ors. (supra) has also read

down the aforesaid Regulation 8 of the

Regulations, 2016 by removing the bar of Session

2014-2016 so as to cover the academic sessions

up to 2016-2018, but has clearly stated in

paragraph no. 41 of the said judgment that the

Respondent-BSEB would grant affiliation to the

concerned institutions/colleges from the session

they had obtained recognition from the NCTE, Patna High Court CWJC No.10771 of 2020 dt.08-10-2021

however, restricted only to those

institutions/colleges whose past examination have

been validated meaning thereby that examination

pertaining to the students of such institutions/

colleges of the D.El.Ed. courses had earlier been

organized by the Board and result of the same had

also been published but affiliation could not be

given to the said Colleges. Thus only in such cases,

as aforesaid, deemed affiliation was to be granted

by the Respondent-BSEB, however, in the present

case, there is nothing on record to suggest that

either the regular examination for the admitted

students of the petitioner College was ever

organized by the Respondent-BSEB or result of the

same was published, hence, the case of the

petitioner College is neither covered by Regulation

8 (xiii) of the Regulations, 2016 nor by the

judgment rendered by the learned Division Bench

of this Court in the case of Rajendra Kishore

B.Ed. College, Sughari & Ors. (supra).

22. Having regard to the facts and circumstances

of the case and for the reasons mentioned Patna High Court CWJC No.10771 of 2020 dt.08-10-2021

hereinabove, I do not find any merit in the present

case, hence, the same stands dismissed, however,

without any order as to costs.

(Mohit Kumar Shah, J)

Ajay/-

AFR/NAFR                AFR
CAV DATE                06.08.2021
Uploading Date          13.10.2021
Transmission Date       NA