Full Judgment
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (C) No. 5304 of 2015 --- Swami Sahajanand Saraswati B.Ed College, Bokaro--- ---- Petitioner Versus
1. The State of Jharkhand
2. The Principal Secretary, Department of Higher Education
3. Vinoba Bhave University, Hazaribagh through its Vice Chancellor
4. Registrar, Vinoba Bhave University, Hazaribagh
5. The Member Secretary, National Council for Teacher Education
6. The Regional Director, National Council for Teacher Education --- --- Respondents with W.P. (C) No. 2427 of 2015 Loyola College of Education, Jamshedpur --- --- Petitioner Versus
1. The State of Jharkhand through the Principal Secretary, Science and Technology and Higher Education
2. The Director, Directorate of Higher Education, Human Resources Department, Govt. of Jharkhand
3. Kolhan University, Chaibasa through its Vice Chancellor
4. Vice Chancellor, Kolhan University, Chaibasa
5. Registrar, Kolhan University, Chaibasa
6. Ranchi University, Ranchi through its Registrar --- Respondents with W.P. (C) No. 561 of 2016
1. Lalita Kumari
2. Deepak Kumar Saw --- --- --- Petitioners Versus
1. The State of Jharkhand
2. The Director, Higher Education & Technical Education, Human Resources Development Department, Govt. of Jharkhand
3. The Dy. Secretary, Human Resources Development Department, Govt. of Jharkhand
4. Vinoba Bhave University through its Registrar
5. Lala Pritam B. Ed College, Chatra --- --- --- Respondents with W.P. (C) No. 565 of 2016
1. Rajesh Kumar
2. Swati --- --- --- Petitioners Versus
1. The State of Jharkhand
2. The Director, Higher Education & Technical Education, Human Resources Development Department, Govt. of Jharkhand
3. The Dy. Secretary, Human Resources Development Department, Govt. of Jharkhand
4. Vinoba Bhave University through its Registrar
5. Swami Sahjanand Saraswati B. Ed College, Bokaro --- Respondents with W.P. (C) No. 566 of 2016 Lala Pritam B. Ed College, Chatra --- --- --- Petitioner Versus
1. The State of Jharkhand
2. The Director, Higher Education & Technical Education, Human Resources Development Department, Govt. of Jharkhand
3. The Dy. Secretary, Human Resources Development Department, Govt. of Jharkhand 2.
4. Vinoba Bhave University through its Registrar---- --- Respondents with W.P.(C) No. 1709 of 2016
1. Sandeep Rajak
2. Balbant Kumar
3. Ajeet Kumar Rajak
4. Sushil Kumar
5. Rajeev Rana
6. Vikash Kumar Suman
7. Dharmendra Thakur
8. Geeta Kumari
9. Soni Kumari
10. Dinesh Kumar Pandey
11. Madhuri Kumari
12. Rajeev Ranjan
13. Ranjeet Kumar Thakur
14. Prakash Kumar
15. Rajendra Prasad Singh
16. Anuj Kumar Shreshkar
17. Smita Kumari
18. Tanu Bharati
19. Vijay Kant Rajak
20. Anjali Kumari
21. Priyanka Kumari
22. Sita Kumari
23. Md. Rashid Ansari @ Rashid
24. Md. Shahnawaz Alam
25. Bimla Kumari
26. Guddu Prasad Gupta
27. Fanish Kumar Pandey
28. Amod Kumar
29. Amit Kumar Gupta
30. Md. Irshad Alam
31. Rajan Kumar Sharma
32. Varun Kumar
33. Naushaba Perween
34. Lalan Kumar Yadav
35. Vijay Sanga
36. Ajra Warsiya
37. Ravi Shankar Kumar
38. Nishi Rani
39. Yugesh Kumar Yadvav
40. Ruby Kumari
41. Anuradha Kumari
42. Shikha Sharma
43. Binita Kumari Gope
44. Balchand Oraon
45. Pintu Chaudhary
46. Priyanka Kumari
47. Sunita Kumari
48. Indu Kumari
49. Manju Kumari
50. Arjun Kumar Singh
51. Prahalad Kumar
52. Shaista Yasmin
53. Sushama Kumari 3
54. Sarita Kumari
55. Kunj Bihari
56. Manabendra Tiwari
57. Pushpa Kumari
58. Aruna Dixit
59. Rashmi Kumari
60. Nagendra Kumar
61. Sweta Kumari Singh
62. Shashi Bhushan Shastri
63. Manoj Yadav
64. Kishor Kumar
65. Umesh Kumar
66. Rupa Kumari
67. Chandan Kumar
68. Raju Kumar Saw
69. Prem Lata Kumari
70. Santan Das
71. Arshad Azmee
72. Anand Bharti
73. Anshu Kumari
74. Wajeeha
75. Sarita Kumari
76. Rina Kumari
77. Kumari Shobha Saurabh
78. Brajesh Kumar
79. Shila Kumari
80. Kiran Kumari
81. Shyamdev Kumar
82. Ajit Kumar
83. Rahul Kumar Bharti
84. Teranum Parvin
85. Amit Jaiswal
86. Madhuri Kumari
87. Sita Ram Karmakar
88. Rahul Kumar
89. Shashant Kumar
90. Anita Kumari
91. Priyanka Kumari
92. Annu Agarwal
93. Umesh Yadav
94. Samson Daniel Kujur
95. Md. Shafiullah
96. Ravi Kumar ... …Petitioners -V e r s u s-
1. The State of Jharkhand
2. The Director, Higher Education & Technical Education, Human Resources Development Department, Government of Jharkhand, Ranchi
3. The Deputy Secretary, Human Resources Development Department, Government of Jharkhand, Ranchi
4. Vinoba Bhave University through its Registrar, Hazaribagh
5. Lala Pritam B. Ed. College, Chatra through its Secretary -- Respondents --- CORAM:The Hon’ble Mr. Justice Aparesh Kumar Singh For the Petitioners: M/s Anil Kr. Sinha, Sr. Advocate, Rajeev Ranjan Tiwari,
4. Vishal kr. Tiwari, Pramod Kumar, Advocates For the Resp - State: M/s H.K. Mehta, A.A.G., Rakesh Kr. Shahi, JC to A.A.G., Prashant Kr. Singh, GP-VI, Priya Shreshtha, JC to Sr. SC-II For the Resp - University:M/s Dr. Ashok Kr. Singh, I. Sen Choudhary, Mithilesh Singh, Advocates For the Resp - NCTE: Mr. Prabhu Dayal Agawal, Advocate --- 08/ 23.04.2016 Deliberations during course of hearing of the instant writ petitions, have thrown up the issues of larger public importance and consequence in the matter of affiliation of B. Ed colleges. There are specific requirements and conditions which an Examining Body can insist from the Institution seeking affiliation as spelt in the pronouncement of the Apex Court such as in the case of MAA VAISHNO DEVI MAHILA MAHAVIDYALAYA Versus STATE OF UTTAR PRADESH AND OTHERS [(2013) 2 SCC617. Para-71 of the judgment reads as under:
“71. The examining body can impose conditions in relation to its own requirements. These aspects are: (a) eligibility of students for admission; (b) conduct of examinations; (c) the manner in which the prescribed courses should be completed; and (d) to see that the conditions imposed by NCTE are complied with.”
2. During course of arguments, inspection report in respect of the petitioner - Swami Sahajanand Saraswati B.Ed College, Bokaro for the years 2015-17 and 2016-18 do reveal that though, University has also carried out inspection on the subjects and areas covered under the NCTE Act, but the specific heads relating to eligibility of students for admission, conduct of examinations, the manner in which the prescribed courses should be completed, etc. which any Examining Body is required to be satisfied before grant of affiliation, have not been squarely addressed. University may see that the conditions imposed by NCTE are complied with as is also one of the conditions for grant of permanent recognition to this petitioner by NCTE (Annexure-1). But the main condition which an Examining Body / University is required to be satisfied, cannot be completely left out of consideration. There appears to be either Legislative deficit in that area or that the University have 5. failed to follow the guidelines, circulars, statutes on the subject, as prescribed from time to time.
3. It is not without reason that almost on regular basis, litigation arising on the question of affiliation comes before this Court despite specific time line prescribed by the Hon'ble Supreme Court in the case of MAA VAISHNO DEVI MAHILA MAHAVIDYALAYA (Supra) and law laid down on the subject relating to the jurisdiction of the various statutory bodies like NCTE, University and State. In that perspective, it would be proper to have the stand of the respondent State as also other Universities like Ranchi University, Nilambar Pitambar University, Sidhu Kanhu Murmu University under whom several B.Ed colleges are said to be running or may come up in near future. Kolhan University is already a party in one of the connected writ petition being WPC No. 2427/2015. The instant matters relate to non-grant of affiliation for the academic sessions 2014-15. Therefore, let the other Universities i.e. Ranchi University, Ranchi, Nilambar Pitambar University, Palamau at Daltonganj and Sidhu Kanhu Murmu University, Dumka be impleaded as respondents in the instant case through their Registrar. Department of Higher and Technical Education, Government of Jharkhand is already represented through State counsel.
4. The matters have remained pending for quite sometime and to avoid any further delay on the larger issue, discussed herein-above, it would only be proper that the Principal Secretary, Department of Higher and Technical Education, Government of Jharkhand, Director, Directorate of Higher Education, Human Resources Department, Government of Jharkhand and Registrars of all the Respondent Universities be present on the next date to assist the Court through their learned counsels along with all supporting documents i.e. guidelines, regulations, statutes which are to be followed in the matters of granting affiliation to such B.Ed colleges. Let such addition of party be carried out by the learned counsel for the petitioner during course of the day and copy of the pleadings be supplied to the 6. learned counsel for the other Universities by Monday and receipt thereof be filed in the Registry by Monday itself, so that their names be reflected in the cause list henceforth. Registry to ensure that addition of newly added respondents are carried out in a proper manner, as directed in the order dated 23.04.2016.
5. List these cases on 03.05.2016. Let copy of this order be supplied to the learned counsel for the State and all the five Universities by 26 th April 2016. Let copy of this order be sent through FAX / email to the Principal Secretary and Director of the Ministry of Higher and Technical Education and also to the Registrar of all the five Universities without any delay. WPC No. 2427/2015 Learned counsel for the petitioner submits that facts of the case are distinct from the facts of other cases and may be heard separately. Students have also taken exam and results have also been uploaded on the website. Be that as it may, if need be, on the next date, the instant matter would be segregated from the other cases. (Aparesh Kumar Singh, J) Ranjeet/