VINOBA BHAVE UNIVERSITY Vs. IMAMUL HAI KHAN EDUCATIONAL SOCIETY
LAWS(JHAR)-2005-1-45
HIGH COURT OF JHARKHAND
Decided on January 25,2005

Vinoba Bhave University, Through The Vice -chancellor Appellant
VERSUS
Imamul Hai Khan Educational Society, Through Its Secretary Respondents

JUDGEMENT

S.J.MUKHOPADHAYA, J. - (1.) IN both the appeals as common question of law are involved and most of the parties are common, they have been heard together and are being disposed of by this common judgment.
(2.) BOTH the Letters Patent Appeals arise of out one judgment, passed by the learned Single. Judge. A writ petition bearing CWJC No. 1078 of 1999 R was preferred by the writ petitioners - respondents herein for a direction on the Vinoba Bhave University, Hazaribagh (hereinafter to be referred as "the University") appellant herein, to hold examination of Bachelor of Education (B.Ed. for short) of the students of the writ petitioner -respondent No. 2 Al -Habeeb Teacher 'sTraining College, Bokaro Steel City, Bokaro (hereinafter to be referred to as "the Institution") on the ground that the Institution had been granted recognition by the State Government for the Sessions 1991 - 92 onwards till 1st July, 1995 where the Central Act, namely, Nation Council of Teachers Education Act, 1993 (in short 'NCTE Act ',) came into effect. Learned Single Judge by his judgment dated 19th March, 2001 held that the petitioner - Institution will be deemed to be recognized before the NCTE Act came into existence and the respondent authorities, including the University, are bound to conduct "and hold the examination during the period in question since the Institution, in question, was recognized by the competent authority, Accordingly, the appellant -University was directed to hold examination of the B. Ed. for the students of the Institution for the Sessions 1991 -92 to 1994 -95 i.e. the period prior to coming into existence the Central Act, namely, NCTE Act, 1993.
(3.) THE appellant -University, thereafter, preferred a Civil Review Application being Civil Review No. 69 of 2001, which was dismissed by the learned Single Judge vide order dated 26th August, 2002. One of the Letters Patent Appeals i.e. LPA No. 15 of 2002 has been preferred by the appellant -University against the original order dated 19th March, 2001, passed by the learned Single Judge in CWJC No. 1078 of 1999 R whereas the other LPA No. 14 of 2002 has been preferred by the appellant -University against the order dated 26th August, 2002, passed by the learned Single Judge in Civil Review No. 69 of 2001.;


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