Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Educational Institutions National Council for Teacher Education Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Education/Educational Institutions - Bihar School Examination Board Rules, 1963 - Rule 7 -Entitlement of students to appear in examination after de-recognition of educational institution - Physical Training College in question was recognized by the State Government during the years when the appellants undertook C.P.Ed. (Certificate of Physical Education) course from the said College - Subsequently, NCTE Act came into force and Regional Committee of the NCTE was vested with the power to grant recognition - Much later, the State Government revoked the recognition of the said College - Appellants filed writ petition for direction to the Examination Board to allow them to appear in C.P.Ed. examination - Writ petition dismissed by the High Court - On appeal, held: The Examination Board was under a duty to hold C.P.Ed. examination for students of the college and this duty could be enforced by the Court by an appropriate writ or direction by the High Court u!Article 226 of the Constitution. The High Court was not right in taking the view that without a direction of the State Government to the Examination Board to allow the appellants to take the examinations, no relief could be granted by the High Court to the appellants - The College in question was duly recognized by the State Government during the year 1989-1990 when the appellants were admitted to the C.P.Ed. course and when the NCTE Act had neither been enacted nor come into force - Also, recognition of all non-Government Physical Training Colleges including the College in question was revoked presumably because the State Government no longer had the power to grant recognition and non-Government Physical Training Colleges in the State were required to obtain recognition from the Regional Committee of the NCTE - Order of the High Court accordingly set aside and Examination Board directed to conduct GP.Ed. examination fur the appellants - National Council for Teacher Education Act, 1993 - s.14 - Constitution of India, 1950 - Art. 226. |
Judge | Hon'ble Mr. Justice A.K. Patnaik |
Neutral Citation | 2011 INSC 196 |
Petitioner | Kumari Ranjana Mishra And Anr. |
Respondent | The State Of Bihar And Ors. |
SCR | [2011] 4 S.C.R. 570 |
Judgement Date | 2011-03-10 |
Case Number | 2416 |
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