LexPUSHPA KUMARI & ORS. versus THE STATE OF BIHAR & ORS.
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
'\ ' ., [2011] 15 (ADDL.) S.C.R. 2()3' PUSHPA KUMAR! & ORS. v. A THE STATE OF BIHAR & ORS. (Civil Appeal Nos. 8521-8522 of 2011) OCTOBER 11, 2011 [R.V. RAVEENDRAN AND A.K. PATNAIK, JJ.] B National Council for Teacher Education Act, 1993 - Appellants pursued primary teachers training from a Women's Primary Teachers Training College during the sessions 1988- C 1990, 1991-1993, 1992-1994 and 1993-1995 respectively - Though the College was established in 1985, it was granted recognition by order dated 15. 12. 1994 by the State Government with retrospective effect for the sessions 1985- 1987 to 1993-1995 -Appellants wished to take the teachers D training examination conducted by the Bihar School Examination Board - Board did not issue them the examination forms - Appellants filed writ petition which was dismissed by the High Court - High Court held that since the College of the appellants had not applied for recognition E under the NCTE Act, the appellants could not be allowed to take the examinations conducted by the Board - Held: As the NCTE Act came into force on 01.07.1995 and the NCTE was established on 17.08.1995, the NCTE Act had no application for any period prior to academic sessions 1995-1996 - The F appellants who undertook teachers training course in the College which had a valid recognition of the State Government during the academic sessions 1985-1987 to 1993-1995 were entitled to take the examinations conducted by the Board - Board directed to conduct the examination for G the appellants as early as possible. Appellant Nos. 1, 2, 3 and 4 pursued primary teachers training from a Women's Primary Teachers Training . 203 H 204 SUPREME COURT REPORTS [2011] 15 (ADDL.) S.C.R. A College during the sessions 1988-1990, 1991-1993, 1992- 1994 and 1993-1995 respectively. Though the College was established in 1985, after seven rounds of litigation it was granted recognition by order dated 15.12.1994 by the State Government with retrospective effect for the B sessions 1985-1987 to 1993-1995 pursuant to the directions of the Court. In response to an advertisement dated 26.05.2007 of the Bihar School Examination Board, the appellants approached the Board through the College for C examination forms, but the Board did not issue the examination forms. The appellants then filed C.W.J.C. No. 7321 of 2007 before the Patna High Court for a direction to the Board to release the forms and accept the fees and forms of the appellants for the teachers training D exarr.ination and to allow them to appear in the examination. A Single Judge of the High Court heard the Writ Petition alongwith other Writ Petitions on merits and dismissed the Writ Petitions by common order, after holding that under the National Council for Teacher E Education Act, 1993 (the NCTE Act), it is only the National Council for Teacher Education (the NCTE) which can grant recognition for teachers training course and the College had not applied for recognition to the NCTE. Aggrieved by the order, the appellants filed Letters Patent F Appeal, but the same was also dismissed by the Division Bench of the High Court. The appellants then filed Civil Review before the Division Bench, but the same was also dismissed. G In the instant appeals, the appellants contended that as the appellants had pursued their training in the College during the period for which the College had recognition, they were entitled to take the teachers training examination conducted by the Board and that the High Court was not correct in taking the view that since H PUSHPA KUMAR! & ORS. v. STATE OF BIHAR & 205 ORS. the College had not applied for recognition under the A NCTE Act, the appellants could not be allowed to take the examinations conducted by the Board because the NCTE Act came into force with effect from 01.07 .1995 and the NCTE was established only on 17.08.1995 after the appellants had undertaken their training courses In the B 'College. The respondents, on the other hand, relied on the order dated 08.03.1999 of the High Court in C.W.J.C. No. 6950 of 1997 in which a similar relief claimed by the College itself for the students for the sessions 1987-1990 C to 1993-1995 for directing the Board to allow them to take examinations was rejected by the High Court and contended that the aforesaid decision of the High Court was binding also on the appellants. Allowing the appeals, the Court HELD:1. A
Excerpt shown. Read the full judgment & AI analysis in Lexace.