JUDGEMENT
-
(1.) MR . S.N. Prasad submits that this writ petition has been filed by the petitioner -Primary Teachers Education College, Doranda, Ranchi for direction upon the respondents to initiate the process for conducting the examination with respect to the candidates who are students of Non -Government Teachers Training College. He further submitted that the examination is going to be held from 4.8.2008 for such candidates and if a decision is taken in favour of the students of the petitioner, it will be convenient for the respondents also to take examination of all the candidates in the ensuing examination. He further submitted that the student of petitioner arc, ready, and every thing is complete and. If allowed, Jharkhand Academic Council will be able to take examination.
(2.) MR . Mehta, appearing for the respondents, referred to Paragraphs 8 and 9 of the counter affidavit filed on behalf of the respondents NO.1 to 4 on 10.7.2008 which reads as follows: -
8. That in case of Non -Government Training Colleges the Government is only responsible for holding examination for those institution which were recognized by the State Government prior to the enactment of NCTE Act, 1993 or recognized by the NCTE after the enforcement of NCTE Act, 1993. 9. That it is not out of place to mention here that from perusal of writ petition, it is not clear whether the writ petitioner is a recognized institution or not. Hence the prayer of petitioner is fit to be dismissed."
Mr. Prasad, in reply, submitted that petitioner was recognized far back on 26.2.1975 by the Education Department, Government of Bihar vide Annexure -13 and much prior to 1993.
(3.) IN the circumstances, petitioner will file a fresh representation before the Secretary, Human Resources Development Department, Government of Jharkhand, Ranchi (respondent NO.2) and the Director, Primary Education, Government of Jharkhand, Ranchi (respondent NO.4) by 24.7.2008 with all relevant documents on which necessary order will be passed in accordance with law, as early as possible and preferably by 30.7.2008. If it is found that the students of petitioner are eligible, the process should be completed by 2.8.2008 so that the eligible candidates can take part in the examination going to be held from 4.8.2008. If it is found that the students of petitioner are not eligible, the reasons thereof will be communicated to the petitioner. If however there is some procedural delay/difficulty in implementing this order, within the said time, the eligible students of the petitioner -may be allowed to take part in the examination, provisionally, on completion of formalities, if any, by the petitioner/students, subject to the final decision of respondent NO.2, and endorsements to that effect may be made in the Admit Cards. Let a copy of this order be handed over to Mr. S. N. Prasad, counsel for the petitioner and to Mr. A.K. Mehta, J.C. to S.C. -II.
With these observations and directions, this writ petition is disposed of.;
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.