Judgment B. P. Singh, G. C. Bharuka, JJ. 1. - In all these writ applications the petitioners have prayed that the students of the petitioner-School may be permitted to take the examination for the Madhyama course, which is to be held in the year 1993, as per the programme published in Advertisement no.1/93, which is Annexure-4 in C. W. J. C. No.3358/93. In most of the writ petitions a prayer has been made that the students of the institution, though unrecognised, may be permitted to take the said examination. In some of the. writ applications it is prayed in addition that the matter regarding recognition of the institution may be decided by the State government, and the students of the institution should, in the meantime, be permitted to take the examination. In a few writ applications there are other prayers made, but we are not dealing with those aspects of the matter, and they shall be dealt with separately in those writ applications. 2. The Governor of Bihar was pleased to promulgate an Ordinance known as the Sanskrit Education Board Second Ordinance, 1981 (Bihar ordinance No.73, 1981), which wand replaced by the Bihar Act 31 of 1982, namely, Bihar Sanskrit Education Board Act, 1981 Under the provisions of the Act a Board was established, namely, Bihar Sanskrit Education board. The aforesaid Board consists of Chairman, a Secretary and a managing Committee. The powers and functions of the Board have been enumerated in Sec.6 of the Act. One of the duties entrusted to the board is to advise the State Government on all matters relating to Sanskrit education upto Madhyama standard. The aforesaid Board consists of Chairman, a Secretary and a managing Committee. The powers and functions of the Board have been enumerated in Sec.6 of the Act. One of the duties entrusted to the board is to advise the State Government on all matters relating to Sanskrit education upto Madhyama standard. Apart from that, subject to the provision of the Act, the regulations and rules made thereunder, the board has also been entrusted with the power to direct, supervise and control Sanskrit Education upto Madhyama standard in the State and shall have the following powers : (a) To grant recognition to Sanskrit Schools and Tols up to madhyama Standard, with the prior approval of the State government and within the number fixed by the State Government, in accordance with such rules as may be made in this behalf; (b) To withdraw recognition of recognised Sanskrit institutions in accordance with such rules made in this behajf ; (c) To maintain a register of recognised Sanskrit Schools and Tols ; (d) To provide by regulation the syllabi, the courses of studies and the books to be studied in recognised Sanskrit Schools and Tols for Examinations instituted by the Board up to Madhyama Standard ; (e) To undertake, if necessary, with the prior approval of the state Government, the preparation, publication, or sale of text-books and other books for use in Sanskrit Schools and Tols ; (f) To maintain and publish from time, to time list of books approved for use in Sanskrit Schools and Tols for examinations instituted by the board and to remove the name of any such book from any such list; (g) To institute and conduct different Sanskrit examinations up to madhyama standard jand such other examination as it may think fit and make regulations in this behalf; (h) To publish results of the examination instituted by the Board and to award certificates, prizes and scholarships in this behalf; (i) To provide by regulation the rates of remuneration to be paid to the paper-setters, moderators, tabulators, examiners, invigilators, Centre Superintendent, Supervisors and others employed in connection with the examination instituted by the board and the fees to be paid by candi ates for such examination ; (j) To grant permission to candidate to appear at an examination up to Madhyama Standard instituted by the Board and to refuse or withdraw such permission in accordance with such regulation as may be made in this behalf; (k) To administer the Sanskrit Education Fund ; (1) To institute and administer such provident funds as may be prescribed ; (m) To prepare regulations regarding service conditions of the employees of the Board ; (n) Subject to the rules made under this Act to constitute, and dissolve the Managing committee of the Sanskrit Schools and Tols ; (o) To perform such other functions as may be entrusted to it by the State Government under Sec.22 of the Act, the State Government has been authorised to make rules for carrying out the purposes of the Act. These rules are required to be notified. These rules may provide for all or any of the following matters, namely i - (a) The acquisition, possession and disposal of property by the Board, the condition of such acquisition, possession and disposals ; (b) The manner of the nomination of the members of the Board specified in Sec.4 ; (c) The composition, powers and functions of managing committees of Sanskrit Schools and Tols ; (d) The terms and conditions of appointments, the scale of pay and the rules of discipline and other conditions of service relating to the officers and servants of the Board ; (e) The form of Budget preparation of the Board ; (f) The manner in which all payments to and from the Bihar State Sanskrit Education Fund shall be made ; (g) The manner of re-appropriation under Sec.14 ; (h) The manner and form in which accounts of income and expenditure shall be kept; (1) The manner in which examination and audit of the accounts of the Board shall be made ; (j) The reports, returns and statements to be furnished by the Board and the form of such reports, returns and statements ; (k) The service conditions and appointments of the teachers and other staff of the recognised sanskrit Schools and Tols ; (1) The procedures and conditions of recognition of Sanskrit Schools; aad (m) Any other matter which is required to be prescribed by this Act. Sub-section (3) of Sec.22 of the Act further provides that all rules made under this Act shall be laid for not less than fourteen days before the State Legislature as soon as possible after they are made and, shall be subject to such modifications as the State Legislature may make during the session in which they are so laid. 3. It is, therefore, apparent that the State Government has been empowered to frame rules providing the procedures and conditions of recognition of Sanskrit Schools. Similarly, the Board has been empowered to grant recognition to Sanskrit schools and Tols upto Madhyama standard with the prior approval of the State Government and within the number fixed by the State Government, in accordance with such rules as may be made in this behalf. Similarly, the Board has been empowered to grant recognition to Sanskrit schools and Tols upto Madhyama standard with the prior approval of the State Government and within the number fixed by the State Government, in accordance with such rules as may be made in this behalf. Obviously, therefore, unless the rules are first framed by the State Government, it will not be possible for the Board to grant recognition to any Sanskrit school, as contemplated by the Act. The second requirement is that such recognition should be granted only after obtaining the prior approval of the State Government. For the conduct of examination as well as for imparting education in recognised Sanskrit schools and Tols it is imperative that the Board must first frame the regulations. It is only by regulation that the syllabi, the courses of studies and the books to be studied in recognised Sanskrit schools on tols for examinations can be provided. Similarly, the Board must provide by regulation the rates of remuneration to be paid to the paper-setters, moderators, tabulators etc. and others employed in connection with the examination conducted by the Board and the fees to be paid by the candidates for such examination. From a reading of Sections 6 and 22 of the Act it follows that education can be imparted in the subject of Sanskrit upto Madhyama standard in accordance with the regulations to be framed by the Board and the examinations have also to be conducted in the manner provided under the regulations. Such education must be imparted to any schools recognised under the Act, meaning thereby the schools recognised by the Board with the prior approval of the state Government in accordance with the rules which must be necessarily to be framed by the State Government under Sec.22 of the Act. 4. It is indeed shocking that neither the State Government has framed rules under Sec.22 of the Act nor has the Board framed the regulations, which it is required to frame under Sec.6 of the Act, learned Advocate-General appearing on behalf of the State as well as mr. Ramchandra Jha appearing on behalf of the board frankly admitted that there are no rules framed by the State Government under Sec.22 of the Act nor are the re any regulation framed by the Board under Section 6 of the Act. Mr. Ramchandra Jha appearing on behalf of the board frankly admitted that there are no rules framed by the State Government under Sec.22 of the Act nor are the re any regulation framed by the Board under Section 6 of the Act. Mr. Ramchandra Jha faintly submitted that a regulation has recently been issued by the Chairman of the Board in view of the serious objections raised in this batch of writ applications. He submits that the chairman of the Board is empowered under Sec.11 (4) of the Act to take necessary action when he is satisfied that an emergent situation exists in which it is necessary for him to take such action and that a. meeting of the Board is not possible and the Board is not in session. It was sub-mitted that such emergency power must include the power to frame regulations under Sec.6 of the Act. In our view, neither the said emergency exists nor there are circumstances to justify the exercise of power under Sec.11 (4) of the Act. A part from any other objection, framing of the regulation by the Chairman of the Board is clearly impermissible and illegal becouse through be may pass necessary orders in exercise of the powers vested in the Board, such powers must be necessarily exercised in the discharge of executive functions and not fin the discharge of powers which are legislative in character Neither the Board has power to delegate such functions to any member of the Board, nor the Chairman has a right to exercise those powers by himself. We, therefore, ignore the regulation framed by the chairman of the Board, which has been issued recently during the pendency of these writ applications. 5. The advertisement (Annexure-4) states that in the examination to be conducted by the Board only students of Government Sanskrit High schools, the students of 429 taken over Sanskrit High Schools, the students of 223 aided Sanskrit High Schools and the students of 3776 Sanskrit high Schools shall be permitted to appear. So far as as 3776 Sanskrit it High Schools are concerned, we are informed that their applications for recognition are pending. Mr. Jha, counsel for the Board submitted that recognition has already been accorded to the 3776 private schools so far as the Board is concerned. He, however, could not produce any material to justify this statement. So far as as 3776 Sanskrit it High Schools are concerned, we are informed that their applications for recognition are pending. Mr. Jha, counsel for the Board submitted that recognition has already been accorded to the 3776 private schools so far as the Board is concerned. He, however, could not produce any material to justify this statement. No order was shown to be granting such recognition, nor is there anything to Sanskrit prior approval of the State government was taken. Apart from this, we fails to understand how recognition can be granted in the absence of the rules required to be framed by the Government. We, therefore, reject his submission which is merely a face saying plea. Counsel for the petitioners submitted that many other institutions bad also applied for rocognition to the Board, and though such applications are pending with the Board, the students of such schools have not been permitted to take the examination. In some cases it is said that in the past the students were permitted to appear, but in terms of the advertisement these students have not been allowed to appear. 6. It is difficult to understand how in the absence of rules framed by the Government, and the regulations framed by the Board, examination can be conducted by the Board. Neither the syllabi has been prescribed nor the courses for the studies have been prescribed for different courses upto Madhyama standard. Similarly, the State Government has not framed the rules laying down condition for grant of recognition to Sanskrit schools. It is quite apparent that only students of recognised schools can be permitted to take the examination aided from the Government and nationalised schools and recognised aided schools. 7. Faced with this predicament, learned Advocate-General very fairly suggested that the Government must frame the rules within a specified period, and that the applications of all institutions, which have applied for recognition, must also be decided in the light of these rules within a specified period. He Stated that he has been instructed by Sri m. K. Agtawal, Secretary, and Sri S. N. Sahay, Additional Secretary, in the Department of Human Resources, to State that the Government shall frame and publish the necessary rules under Sec.22 of the Act within three months from today, and that the same shall be published within the same period. He Stated that he has been instructed by Sri m. K. Agtawal, Secretary, and Sri S. N. Sahay, Additional Secretary, in the Department of Human Resources, to State that the Government shall frame and publish the necessary rules under Sec.22 of the Act within three months from today, and that the same shall be published within the same period. He further submitted that all applications made by different schools and institutions shall be considered and decided by the board/government within a period of six months from today. 8. When we asked the learned Advocate-General to make his submissions on the question whether the students of the petitioner-institutions before us should be permitted to take the examination even though the institutions were not recognised, he submitted that in view of large number of decisions of the Supreme Court and this Court including the decisions in 1992 (4) SCC 435 and 1992 (1) BLJ 712, it would not be proper to permit any student of unrecognised institution to take the examination. We also agree with his submission. Mr. Jha appearing on behalf of the Board submitted that in view of these legal impediments, the Board will abide by any order that this Court may pass having regard to the facts of the cases. 9. In the absence of rules and regulations which are required to be framed under the Act, holding of examination would be a mere farce and may be counter-productive. There are no recognised institutions under the Act. The Board has not prescribed the syllabi etc. for imparting education in Sanskrit in any recognised institution and other institutions. No procedure has been laid down for the conduct of the examination nor the necessary regulations have been framed with regard to remuneration to examiners etc. , which is absolutely essential before an examination can be conducted in accordance with the regulations. In the absence of rules and regulations under the Act, no examination can be conducted in accordance with law and, therefore, we are compelled to make a direction to the Board not to conduct examination upto Madhyama standard unless the rules and regulations have been framed and necessary action taken, as required by law. 10. In the absence of rules and regulations under the Act, no examination can be conducted in accordance with law and, therefore, we are compelled to make a direction to the Board not to conduct examination upto Madhyama standard unless the rules and regulations have been framed and necessary action taken, as required by law. 10. In the result, we dispose of this batch of writ applications with a direction to the State Govemment to frame rules, as contemplated under section 22 of the Act within a period of three months from today. We also direct the Board to frame regulations, which, it is required to frame under Sec.6 of the Act within the same period. After the rules and regulations have been framed and notified, all the applications pending before the Board or the State Government, as the case may be, for grant of recognition, shall be considered and disposed of by a reasoned order within a period of six months from today, which means that the State government and the Board shall have three months time after framing of the rules and regulations to dispose of all the applications. The Board shall thereafter proceed to hold examination, which, it is required to hold in accordance with the provisions of the Act, rules and regulations. 11. These writ applications are disposed of accordingly. Let a copy of this order be given to the Advocate-General and Mr. Ramchandra Jha, counsel for the Board, for immediate communication to the authorities concerned and for compliance.