S.J.MUKHOPADHAYA, J. - (1.) PETITIONERS Bethesda Womens Teachers Training College, Ranchi and others have preferred this writ petition for issuance of a writ of mandamus on the respondents to conduct B.Ed. Examination of the students of the petitioner - College immediately and forthwith, who were admitted since 1995 and are eligible to appear at B.Ed. Examination.
(2.) THE brief fact of the case is that the Board of Properties (Gossner Evangelical Lutheran) GBL for short Church in Chhotanagpur and Assam, allotted 3 Acres and 2 Decimals of land on 7th August, 1979 for College and its permanent use for the purpose of establishing and imparting teachers training. The educational institution was established by the said Society, a minority Christian Religious Body. The College was granted temporary affiliation by the Government of Bihar for the Session 1987 -88 and 1988 -89 under the Ranchi University, which was informed by letter dated 30th January. 1990, The issue relating to affiliation of the College by the University an its approval by the Government of Bihar for the subsequent period while remained pending, the National Council for Teachers Education NCTE for short, was formed under NCTE Act, 1993 which came into existence effect from 1st July, 1995. The College was granted affiliation by the University and approval by the State Government for the subsequent Session 1989 -90 to 1994 -95 by the letter of Government of Bihar. Department of Secondary, Primary and Adult Education, dated 29th December. 1994/ 13th July. 1995. As after existence of NCTE it was mandatory to have recognition since 1st July. 1995, the petitioner -College made application on 10th April. 1996 for registration of the College and its recognition by NCTE, Bhubaneshwar. The NCTE. Bhubaneshwar, in its turn, ultimately issued Order No. 9543 dated 17/21st June, 1999, granting provisional recognition to B.Ed. Course of one year duration to the College for the academic year 1999 -2000 with intake of 80 students, subject to removal of certain minor deficiencies -It was followed by Order No. 143 dated 14th January. 2000, issued by the NCTE. Bhubaneshwar, extending provisional recognition for another one year with effect from the academic year 2000 -2001 with intake of 80 students.
(3.) RANCHI University Respondent No. 2 while not disputed the aforesaid fact, stated that the Teachers Training College in question was inspected and recommended to the Government for affiliation of subsequent period on 19th September. 1998 but no reply was received from the State Government. It has merely taken plea that the College being not an affiliated college of Ranchi University, it is not possible to hold examination. Further, plea was taken that the NCTE has given conditional recognition only for two academic years Le. 1999 -2000 and 2000 -2001, with further plea that NCTE is not an affiliating body and, accordingly, the Council can not accord affiliation but only grant recognition.;