BHAGWAN BUDHA PRATHMIK TECHNICAL TRAINING COLLEGE NIRMALI versus THE STATE OF BIHAR AND ORS.

Citation: [2010] 14 S.C.R. 763 · Decided: 23-11-2010 · Supreme Court of India · Bench: R.V. RAVEENDRAN · Disposal: Dismissed
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Judgment (excerpt)

(2010] 14 (ADDL.) S.C.R. 763 
BHAGWAN BUDHA PRATHMIK TECHNICAL TRAINING 
COLLEGE NIRMALI 
v. 
THE STATE OF BIHAR AND ORS. 
(Civil Appeal No. 9896 of 2010) 
NOVEMBER 23, 2010 
[R.V. RAVEENDRAN AND H.L. GOKHALE, JJ.] 
A 
B 
Administrative law: Administrative order - Power to 
withdraw - Held: Power to issue an order includes power to 
C 
withdraw the same. for valid reasons - If an administrative 
order is based under an erroneous assumption of one's own 
power and if it goes to the· root of the matter, the authority 
concerned can certainly review it for valid reasons, and if that 
is done, the withdrawal cannot be called to be a ma/a fide one 
D 
- In the instant case, the earlier order granting recognition to 
the appellant-institution was outside the powers of the State 
Government, therefore, the Government was quite right in 
rescinding the same by a subsequent order - National 
Council for Teacher Education Act, 1993 - Education/ E 
Educational institution. 
National Council for Teacher Education Act, 1993: 
Object of the Act - Held: The Act was enacted to achieve 
planned and coordinated development for teacher education · F 
system throughout the country - The Act was a/so passed to 
bring about the regulation and proper maintenance of norms 
and students in teacher education system - Education! 
Educational institution. 
ss. 14 and 16 - Power to grant recognition to teacher 
training institute - Held: Vested with the NCTE after the 
appointed day under the Act - The proviso to s. 14, however, 
permits such an existing institution offering a course of 
763 
G 
H 
764 
SUPREME COURT REPORTS [2010] 14 (ADDL.) S.C.R. 
A 
training in teacher education, to apply within a period of six 
months from the appointed day for recognition to the Regional 
Committee of the NCTE - The appellant institution did not 
make any such application -
The State Government, 
therefore, cannot be directed to recognize the appellant for the 
B earlier period, since that power vested with the NCTE after the 
appointed day. 
In 1987, the appellant-institution established a 
Teacher Training College and it proceeded to admit the 
C students pending the approval/recognition of its course, 
by the State Government. Subsequently, the appellant 
filed a writ petition seeking a direction to the State 
Government to grant the recognition. The High Court 
allowed the students to appear in the examination at their 
own risk stating that no right would enure to them merely 
D on that basis and their results would be published only 
after the grant of recognition. Accordingly, students 
appeared for the examination in January 1991. The State 
Government, however, did not give its decision on the 
aspect of recognition. On 28.5.1995, the Director of the 
E Education Department recommended the grant of 
approval from 1987 till 1995-97. Meanwhile several writ 
petitions were filed by the appellant and by its students 
which were disposed of with the direction to the 
Government to give decision on the aspect of 
F recognition. 
On 1.7.1995, the National Council for Teacher 
Education Act, 1993 came into force. The appellant did 
not take any steps to seek recognition thereunder. It 
G merely made one more representation on 5.8.2005 to the 
Government to decide the grant of recognition. The 
students awaiting the results filed one more writ petition, 
which was dismissed. The Division Bench of High Court 
disposed of their appeal in view of the statement of the 
Government counsel that the recognition was under 
H 
BHAGWAN BUDHAPRATHMIKTECHNICAL TRAINING 
765 
COLLEGE NIRMALI v. STATE OF BIHAR 
process. The appellant accordingly made another A 
representation on the same day i.e. 13.2.2007 to the 
Education Commissioner pointing out the said order. The 
Commissioner thereupon issued an order memo on 
16.3.2007 wherein he recorded that in view of the NCTE 
Act, the State Government had no authority to grant 
B 
approval/recognition, but, since the approval ought to 
have been granted in view of inspection report, he 
recommended that college can be considered to be 
recognized w.e.f. 1987-89. The results were still not 
declared. The appellant filed another writ petition. A c 
Single Judge of the High Court dismissed the writ petition 
on the ground that under Sections 14 and 16 of the NCTE 
Act, the institute which is giving teachers training has to 
apply for its recognition to NCTE within six months of the 
Act coming into force and since the appellan
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