Arya Prathmik Sikshak Shiksha Maha Vidyalaya v. State of Bihar
1989-08-08
B.N.SINHA, S.N.JHA
body1989
DigiLaw.ai
Order A supplementry petition has also been filed on behalf of the petitioners which is kept on the record. 2. In this writ petition, a prayer has been made to issue a writ in the nature of mandamus commanding the respondent no. 3, the Director of Research and Training, Govt. of Bihar, Patna to supply the examination forms to petitioner no. 1 and a now the students of the Institution to appear at the Primary Teachers' Training Examination for the Sessions 1986-88 and 1987-89 and to declare their results in accordance with law. 3. It was submitted on behalf of the petitioners that this institution is a minority institution and it was established in the year 1986. 4. From the statements made in this application it appears that the petitioners filed several representations before the respondent no. 3 for a direction to the competent officer to conduct inspection as required under the Rules framed under the Bihar Non-Govt. Physical Training colleges and Non-Govt. Teachers' Training Colleges and Non-Govt. Primary Teachers' Training Colleges (Control and Regulation) Act, 1982 (Bihar Act 29 of 1982) but no order has been passed as yet regarding the recommendation of the institution in question. 5. It was submitted on behalf of the State that no proper inspection as required under the Rules has been made. This Court will not examine this disputed question of facts under its writ jurisdiction as to whether the institution in question is fit to be recognised or whether proper inspection has been made or not. However, the respondent no. 3 will examine an these facts at his own level and in case the inspection has not been made by a duly constituted body, the respondent no. 3 may constitute a Committee as required under the Rules to hold local inspection and file report as early as possible so that any order can be passed regarding the recognition of the institution. It is expected that respondent no. 3 will take necessary step according to the Rules and pass orders regarding the inspection within five months from the date of the receipt of this Court's order. 6. So far as the prayer for allowing the students, a list of which has been filed by the institution vide Annexures-11 and 12 is concerned, in view of the binding decisions of the Hon'ble Supreme Court in case of Nageshwaramma Vs.
6. So far as the prayer for allowing the students, a list of which has been filed by the institution vide Annexures-11 and 12 is concerned, in view of the binding decisions of the Hon'ble Supreme Court in case of Nageshwaramma Vs. The State of Andhra Pradesh, A.I.R. 1986 S.C. 1188 and A.P. Christians Medical Educational Society Vs. Government of Andhra Pradesh and another, A.I.R. 1986 S. C. 1490, this prayer is rejected. 7. It may also. be noticed that recently in case of Faridi Primary Teacher' Training College and others Vs. The State of Bihar, 1988 P.L.J.R.91 (S.C.), while rejecting the prayer to allow the students of unrecognized institute to appear at the examination before such institution has been recognised, the Hon'ble Supreme Court observed: "We do not feel pursuaded to issue any direction as prayed for, because of the fact that in several cases of a similar nature which had come up subsequently for orders, this Court declined to interfere or to make any directions. The reason for the Court's refusal to interfere or issue direction ;s on account of the mushroom growth of un-recognized Schools and other educational institutions at an alarming rate in various States, including the State of Bihar due to constant efforts systematically undertaken by interested agencies to bring about such institutions by openly and deliberately flouting the Rules and Regulations and making the Schools and institutions a 'fait accomply, in order to wre3t recognition from the authorities concerned for such institution without complying with the formalities or fulfiling the prescribed conditions and requirements." 8. In view of the aforementioned decisions, we arc left with no option, but to reject the prayer of the petitioners to allow their students to appear at the examination before its recognition. 9. With the aforesaid observation, the writ application it dismissed. Application dismissed.