- (1.) Through this review application, the order passed by this Court on 19.11.2010 in W.P.(C) 4976 of 2010 directing the Vinoba Bhave University, Hazaribagh to allow the students of the College to take B. Ed examination for the Session 2009-10 which was to be commenced from 6th December, 2010 by accepting forms and fees etc. has been sought to be quashed on the ground that the College, namely, Swami Ram Krishna Paramhans Teacher's Training (B. Ed) College, Karmatand, Bokaro has never been given affiliation by the University for the Session 2009-10 but statement was made before this Court that the said College is affiliated College and on such assumption, the order was passed and, therefore, the order is fit to be reviewed, in view of the decision of the Supreme Court rendered in a case of N.M. Nageshwaramma v. State of Andhra Pradesh and Anr., 1986 Supp1 SCC 166, holding therein that students of unaffiliated College cannot be allowed to take examination.
(2.) Mr. Sameer Saurav, learned Counsel appearing for the Petitioners submitted that it is true that the College was given recognition by the N.C.T.E, vide its order dated 28.2.2008 but while granting recognition, one of the stipulation was that the institution shall make admission only after it obtains affiliation from the examining body in terms of Clause 8(12) of the N.C.T.E Regulations, 2007 notified on 10.12.2007 but the College took admission of the students for the session 2009-10 without having any affiliation from the University in terms of Section 4(19) of the Jharkhand State Universities Act, 2000 and in that event, the students of the College had had no right to appear in the examination conducted by the University. However, this Court upon wrong assertion of the writ Petitioner that the College is affiliated, passed the order which is fit to be recalled/reviewed as the direction made by the Court is in clear transgression of the provision of the Universities Act and as such, so long college is not affiliated, even the court cannot come to rescue of the students to protect their interests.
(3.) Learned Counsel in support of his submission has referred to decisions rendered in cases of A.P. Christians Medical Educational Society v. Government of Andhra Pradesh and Anr., 1986 2 SCC 667, State of Tamil Nadu and Ors. v. ST. Joseph Teachers Training Institute and Anr., 1991 3 SCC 87 and also in a case of Surendra Singh v. Tilka Manjhi Bhagalpur University and Ors.,2003 1 PLJR(SC) 128.;