Parjanya B.Ed College vs State of Jharkhand and Others

S. Chandrashekhar, J—Seeking a direction upon the respondents to grant extension of affiliation for the Academic Session 2014-15 for conducting B.Ed. course, the present writ petition has been filed.

The brief facts of the case are that, on 02.03.2013 the petitioner-College was granted recognition by the National Council for Teacher Education for conducting one year B.Ed. course from Academic Session 2013-14 and, it was granted affiliation by the respondent-Vinoba Bhave University on 27.07.2013 for the Academic Year 2013-14. On 18.11.2013, the petitioner-College applied for extension of affiliation for the Academic Session 2014-15. When the petitioner did not receive response from the University, it approached the University on 11.06.2014 and 25.08.2014. On 28.10.2014, the petitioner again approached the respondent-University for extension of affiliation for the Academic Session 2014-15. Though, the respondent-State granted post-facto approval for affiliation for Academic Session 2013-14 on 23.01.2015 however, inspite of repeated requests, extension of affiliation for Academic Session 2014-15 was not granted. It is stated that the respondent-State has granted approval for affiliation to the petitioner-College for the Academic Session 2015-17 vide letter dated 07.05.2015.

Heard the learned counsel for the parties.

The learned counsel for the petitioner submits that the petitioner applied for extension of affiliation for the Academic Session 2014-15 on 18.11.2013, which was well within the stipulated time however, the respondent-University did not take further steps in the matter and due to administrative lapses on the part of the respondent-University, extension of affiliation for Academic Session 2014-15 has not been granted to the petitioner-College. Referring to order passed by the Hon''ble Supreme Court in "Binod Bihari Mahato Memorial Teachers Training College v. Vinoba Bhave University & Ors." [Civil Appeal No. 5857 of 2015], the learned counsel for the petitioner-College submits that due to administrative delay on the part of the respondents, the petitioner should not be made to suffer. Per contra, the learned counsel for the respondent-University submits that the State Government did not take a decision in the matter.

From the facts disclosed in the writ petition, I find that after submitting application on 18.11.2013 for extension of affiliation for Academic Session 2013-14, the petitioner-College did not follow-up the matter with the respondent-University and for the first time on 11.06.2014, it approached the University with a reminder for affiliation for Academic Session 2014-15. In the meantime, last date for forwarding proposal for approval for affiliation had lapsed and even the last date for grant of approval by the State Government for affiliation had also lapsed.

The facts disclosed in the writ petition do not indicate that the petitioner-College has approached the State Government though, the State Government itself has granted post-facto approval for the Academic Session 2013-14 on 23.01.2015 only. In these facts, I am of the opinion that no direction can be issued to the respondents for granting post-facto approval for affiliation for Academic Session 2014-15 to the petitioner-College. However, the petitioner-College may approach the University and the respondent No. 2 with a copy of the order passed by the Hon''ble Supreme Court in "Binod Bihari Mahato Memorial Teachers Training College" case, seeking grant of post-facto approval for the Academic Session 2014-15.

Considering the above facts, the writ petition is disposed of with the afore-mentioned liberty to the petitioner-College.