SWAMI SAHAJANAND SARASWATI B.ED COLLEGE, BOKARO Vs. STATE OF JHARKHAND
LAWS(JHAR)-2016-5-124
HIGH COURT OF JHARKHAND
Decided on May 03,2016

Swami Sahajanand Saraswati B.Ed College, Bokaro Appellant
VERSUS
STATE OF JHARKHAND Respondents

JUDGEMENT

APARESH KUMAR SINGH, J. - (1.) Pursuant to order dated 23.03.2016, Mr. Ajay Kumar Singh, Principal Secretary, Department of Higher and Technical Education, Government of Jharkhand, Mr. Balendu Bhushan Anandmurti, Director, Higher Education, Dr. Suresh Chandra Dash, Registrar, Kolhan University, Dr. Amar Singh, Registrar, Nilambar Pitambar University, Palamau, Dr. Subodh Kumar Sinha, Registrar, Vinoba Bhave University, Hazaribag, Dr. Prasun Kumar Ghosh, Registrar, Sidhu Kanhu Murmu University, Dumka and Dr. Amar Kumar Chaudhary, Registrar, Ranchi University, Ranchi are present.
(2.) Learned Advocate General represents the respondent-Department of Higher and Technical Education.
(3.) The larger issues involving considerable importance in the matter of grant of affiliation of B. Ed. Colleges have been referred to in the order dated 23.04.2016. Learned Advocate General and learned counsel for the Universities have submitted that the matter relating to affiliation of colleges under the Universities is governed by the Statute Relating to Admission and Regulation of College other than those Maintained by the University, 1986, i.e. Statute No. 29. There has been no Statute framed after coming into force of NCTE Act 1993 in respect of affiliation of such B. Ed. Colleges under the Universities. As per law laid down by the Apex Court in the case of Maa Vaishno Devi Mahila Mahavidyalaya v. State of Utter Pradesh & others [(2013) 2 SCC 617], guidelines/regulations/ policy have not been adequately laid down by the State Government in the matter of affiliation to B. Ed. Colleges, who have obtained recognition from NCTE. There is absence of standard operating procedure fixing specific time-line for processing of such application at the level of Universities and Directorate of Higher Education as per the deadline prescribed in the judgment rendered by the Apex Court in the case of Maa Vaishno Devi (Supra). There is absence of accountability in the hierarchy of officials in the Universities and the Directorate of Higher Education in the matter of processing and taking a final decision on the aforesaid aspects by the dead line prescribed in the judgment rendered in the case of Maa Vaishno Devi (supra).;


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