Labpur Teachers’ Training Institute vs State Of West Bengal & Ors.

This is an application under Article 226 of the Constitution of India wherein the petitioner is a recognised teachers’ training institute as per the

recognition granted by the National Council for Teacher Education for conducting a 4-year Integrated B.A. B.Ed./B.Sc. B.Ed. programme from the

academic session of 2018-19.

It is the contention of the writ petitioner-Institute that they have applied for affiliation before the Burdwan University in the month of November, 2017

but till date the affiliation has not been granted to them. Mr. Bihani, learned Counsel appearing on behalf of the Burdwan University submits that West

Bengal State University at Barasat presently runs the programme and can grant affiliation and accordingly, the affiliation should be granted by them.

Counsel on behalf of the writ petitioner relies on an order dated September 22, 2017 passed by this Court in W.P. No.21517(W) of 2017 (Bam

Vivekananda Primary Teachers Training College Vs. The State of West Bengal & ors.). Relevant portion of the order is provided below :-

“ On behalf of the Affiliating Respondent/ University Mr. N.C. Bihani, Learned Counsel appears and takes this usual stand that the affiliation can

be extended to the writ petitioner/Institute only upon receipt of the clearance from the Staterespondents. Mr. Bihani further argues that the course is

yet to commence.

Having heard the parties and considering the materials placed, this Court must notice with the seriousness it deserves, the impact of the 2014

Regulation as read by the judgment of the Hon’ble Apex Court In Re: (2013) 2 Supreme Court Cases 617. To the mind of this Court the factual

paraphernalia pleaded on behalf of the State connected its is still pending obligations on the recognition issue, runs against the grain of the legal

principles that such assumed role may be, at best, factually appearing but, beyond the legal format.

Therefore, this Court is of the view that while the State Government may be free to complete its factual exercise, in legal terms, cannot upset the

recognition/ permission already granted by the Order of the NCTE dated 2nd May, 2017. Accordingly, pending further consideration of this petition,

the Respondent No.2 is directed to grant Provisional Affiliation in favour of the Writ Petitioner/ Institute.â€​

After going through the material on record it is clear that the arguments being raised by Mr. Bihani are pari materia to what had been raised by him in

the earlier writ petition and the Co-ordinate Bench after considering the same had come to a conclusion that the Burdwan University should grant

provisional affiliation to the Institute that had been granted permission by the National Council for Teacher Education.

In the light of the above, I direct the University of Burdwan, being respondent no.2, to grant provisional affiliation to the writ petitioner-Institute. It is

mentioned that on the State Government’s completing the factual exercise, in legal terms, approving the course, the respondent no.2 is to confirm

the provisional affiliation. With the above observations, this writ petition is disposed of without however, any order as to costs. All parties are to act on

the website copy of this order.