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1992 DIGILAW 312 (PAT)

Koshi Physical Training College, Madhepura v. State Of Bihar

1992-09-02

G.C.BHARUKA, S.B.SINHA

body1992
Judgment S. B. Sinha, JJ. 1. In this writ application the petitioner has prayed for issuance of a writ of or in the nature of mandamus directing the Bihar School Examination Board, Patna (hereinafter referred to as the Board) to accept the fees and forms of the petitioners institution for the sessions 1985-86, 1986-87, 1987-88, 1988-89, 1989-90 of the students who had already Completed their courses of studies from the said college and allow him to appear at the Physical Training Examination conducted by the Bihar School. 2. Examinati Board, Patna. Admittedly petitioners institution was established for grant of Physical Training. It is admitted that for establishment and recognition of such an institution, permission of the State of bihar is required. 3. The petitioner has contended that since August 1985, 100 students each for the aforementioned sessions had undergone Physical Training as per the prescribed courses of studies. 4. The Bihar School Examination Board, it is also admitted, conducts examination of the trainees of the Physical Training College on completion of their courses of studies laid down by the State Government. 5. The petitioner filed an application for recognition of the said institution respect whereof a committe to inspected the same. The said inspection report was submitted by the Inspection Team and in terms whereof the State Government granted temporary affiliation of the recognition of the aforementioned college on 5-11-1989. 6. The said order dated 5-11-89 has admitted by (sic) not been communicated to the petitioner nor any notification in relation thereto has yet been published. 7. The petitioner thereafter filed a writ petition in this court being cwjc No.3913 of 1990 By an order as contained in the letter dated 14-6-1991 the State Government communicated to the petitioner that the Government has rejected its prayer for affiliation/recognition of the said college. The said order is contained in Annexure 4 to the writ application. 8. 7. The petitioner thereafter filed a writ petition in this court being cwjc No.3913 of 1990 By an order as contained in the letter dated 14-6-1991 the State Government communicated to the petitioner that the Government has rejected its prayer for affiliation/recognition of the said college. The said order is contained in Annexure 4 to the writ application. 8. The petitioner thereafter filed another writ application in this court which was registered as CWJC No.5190 of 1991, The said writ petitioner was disposed of by a division Bench of this Court by an order dated 17-12-1991 which is to the following effect :- "after hearing the learned counsel for the petitioner and the State as also the examination Board, and after perusing the counter-affidavit we dispose of this application at this stage with their consent and with a direction to the respondents and its authorities concerned to take a final decision in the matter of granting recognition to this institution. We are not satisfied with the order which has been passed under Annexure- 1 which is just contrary to the inspection report contained in Annexurc-2, whereby it appears that all the conditions for grant of recognition have been fulfilled. When, in earlier order respondent no.3 was directed to take a final decision regarding the recognition of the college concerned upon consideration of the inspection report and all other materials and documents relevant thereto, then this will not mean so as to grant him discretion to consider it wrongly and ignoring their own report. We highly deprecate such action of the authorities by which justice is being defeated. Accordingly,, we quash Annexure-1 and direct the authorities concerned to consider the question of grant of affiliation to this institution, on the basis of inspection report contained in Annexure-2, within a period of two months from the date of communication of this order. " 9. The petitioner has contended that the said order had been communicated to the authorities to the State of Bihar. It has further been contended that the Board has issued a notification dated 31-12-1991 fixing 11-2-1992 for conducting the physical traiuing examination. 10. The petitioner approached the Board for accepting fees and forms of the petitioners Institution but the said request had been rejected by the respondent No.5. 11. It has further been contended that the Board has issued a notification dated 31-12-1991 fixing 11-2-1992 for conducting the physical traiuing examination. 10. The petitioner approached the Board for accepting fees and forms of the petitioners Institution but the said request had been rejected by the respondent No.5. 11. A counter-affidavit has been filed in this case on behalf of the respondent Nos.1 to 4 wherein it has been contended as follows :- "that in compliance of the order of this Hon ble court passed in cwjc No.5190 of 1991 the authority concerned considered the matter relating to grant of recognition to the petitioners Institution afresh and after through consideration has taken a decision not to grant recognition to the petitioners Institution and the information to this effect has already been sent through letter no.73 dated 31-3-1992. " 12. It has also been contended that the petitioner Institution does not fulfil the criteria for recognition as the Inspection Committee has pointed out the following defects :- " (i) Play and ground of building: The petitioners institution, according to him, is running in a hired building and play ground is on lease land. (ii) Financial condition :- There is meagre amount of Rs 7,745 in the college account which is not sufficient for running the college in question. (iii) Laboratory :- There is no separate provision for Laboratory reading room in the College. Only 367 Books are available which is too little for Trainees. (iv) Geocyclician : - Hall is not available, (v) Hostel:-There is no provision for Hostel for the Trainees". 13 By an order dated 31-3-1992 as contained in Annexure-8 to the counter-affidavit, the State Government has rejected the application for recognition of the said inspection. 14. The petitioner in this writ application has not questioned the said order as contained in Annexure-8 to the counter-affidavit. 15. It is now well settled that the students of an unrecognised Institution cannot be permitted to appear at the examination nor have the any right to get their results published. 16. This aspect of the matter is fully covered by a decision of the supreme Court in A. P. C. M. E Society V/s. Government of Andhra Pradesh, reported in 1986 SC 1490 and Farodi Primary Teachers, Training College and others V/s. the State of Bihar, reported in 1991 (3) SCC 87 . 17. 16. This aspect of the matter is fully covered by a decision of the supreme Court in A. P. C. M. E Society V/s. Government of Andhra Pradesh, reported in 1986 SC 1490 and Farodi Primary Teachers, Training College and others V/s. the State of Bihar, reported in 1991 (3) SCC 87 . 17. A Full Bench of this court has also considered the aspect of the matter in Amrendra Pratap Singh and others V/s. Lalit Narain Mithila University and others, reported in 198? BLJR 590 as also in Rahmania Primary Teachers training College and others V/s. State of Bihar, reported in 1991 (1; PLJR 395. 18. This aspect of the matter has also recently been considered by a division Bench decision of this court in Mazharul Hague Primary Teachers training College V/s. State of Bihar and others, reported in 1992 (1) BLJ /12. 19. In view of the aforementioned authoritative pronouncement of this court as also the Supreme Court of India, it is not possible for us to grant any relief to the petitioners as we are bound by the law laid down by the Supreme Court of India as also the binding precedent, aforementioned. This application is, therefore, dismissed. Application dismissed.