JUDGMENT: Amareshwar Sahay, J. 1. Heard the parties. 2. The petitioners have filed this writ petition for direction to the respondents to conduct and hold the Primary Teachers' Training Examination of the Ex-Students/examinees of the Petitioner No. 1 Institution who, according to the petitioners, have completed training/course and despite having issued Admit Cards by the Bihar School Examination Board, some Ex-Students bearing Roll Code No. 10251, who are 271 in numbers, could not appear in the examination of two theory papers held on 2.8.1994 due to late arrival of the Admit Cards. Further prayer of the petitioners is to allow these regular students of Sessions 1989-91; 1990-92 and 1991-93 bearing Roll Code-10201, who either failed or could not appear since no annual or supplementary examination was conducted since after the year 1994 and further to publish their result alongwith the result of the examinations going to be conducted by the Jharkhand Academic Council, Ranchi vide Advertisement No, 13/2003 (Annexure-7). 3. The case of the petitioners is that St. Marry's Women's Primary Teachers' Training College, situated at Deoghar, was having minority status and was recognized by the then State of Bihar in the year 1978 but after coming into force of National Council for Teachers' Education Act, 1993, it was de-recognised by the State of Bihar and for that reason, the examination of the students of various Sessions, both annual and supplementary, till the Sessions 1991-93, were not conducted by the Bihar School Examination Board due to which, the students of the petitioner no. 1 were adversely affected. However, Bihar School Examination Board agreed to hold the Teachers' Training Examination of various Sessions as a last chance for both annual and supplementary and accordingly, the examination schedule was published by Bihar School Examination Board vide Memo No. 394 dated 1.6.1994 and as per the examination schedule, theory papers were to be conducted on 2.8.1994 to 6.8.1994 and the Practical Examination was to commence from 12.8.1994. 4. According to the petitioners, regular students of 1989-91; 1990-92 and 1991- 93, who had completed training course, were given Admit Cards with Roll Code-1020 (Annual) and the ex-students like the petitioner nos. 2 to 6, numbering 271 in total of the Session 1981-83; 1982-84; 198385; 1984-86; 1985-87; 1986-88 and 198789 were also issued Admit Cards with Roll Code-10251. 4. According to the petitioners, regular students of 1989-91; 1990-92 and 1991- 93, who had completed training course, were given Admit Cards with Roll Code-1020 (Annual) and the ex-students like the petitioner nos. 2 to 6, numbering 271 in total of the Session 1981-83; 1982-84; 198385; 1984-86; 1985-87; 1986-88 and 198789 were also issued Admit Cards with Roll Code-10251. It is said that the regular students appeared in the examination of theory papers on 2.8.1994 onwards but the ex-students, who were 271 in numbers; could not appear in theory subject held on 2.8.1994 due to late arrival of Admit Cards. However, they appeared in rest of the theory papers held in between 3.8.1994 to 6.8.1994. Those ex-students were also allowed to appear in the Practical Examination which was held in between 12.8.1994 to 16.8.1994. It is further said that the results of the ex-students, was not published due to their non-appearance in the two theory papers, the examination for which was held on 2.8.1994. Though assurance was given to hold separate examination for these ex-students of the two theory papers but such promise was never kept in spite of several requests made to the Bihar School Examination Board. In the meantime, in the year 2000, separate Jharkhand State was created and, therefore, now the relief has to be granted by the State of Jharkhand and/or by Jharkhand Academic Council, who is authorized to hold the examination. 5. It would not be necessary to go into all these questions raised by the petitioners and controverted by the respondents in view of the following facts. 6. There is no dispute of the fact that 22 students of this very institution i.e. petitioner no. 1 institution-St. Marry's Women's Primary Teachers' Training College, Deoghar, moved this Court earlier by filing a Writ Petition being W.P.(C) No. 778 of 2008 for the same relief and the said Writ Petition was disposed of by order dated 11.7.2008. The aforesaid Order is quoted here in below in toto. 1 institution-St. Marry's Women's Primary Teachers' Training College, Deoghar, moved this Court earlier by filing a Writ Petition being W.P.(C) No. 778 of 2008 for the same relief and the said Writ Petition was disposed of by order dated 11.7.2008. The aforesaid Order is quoted here in below in toto. "11.7.2008 In this writ petition, the petitioners have prayed for a direction on the respondents to consider their grievance in view of the Government letter dated 23.5.2007 (Annexure-10) whereby the Director, Primary Education, Government of Jharkhand has directed all the Regional Deputy Directors of Education including the R.D.D.E., Santhal pargana Division to consider the petitioners' request for allowing them to appear in the Primary Teachers' Training Examination and informing the same to the Directorate. At the bottom of the said letter, it has been endorsed that the said direction be treated as most urgent. The grievance of the petitioners is that in spite of the said direction of the Director as contained in letter dated 23.5.2007, till date, the Regional Deputy Director of Education has not taken any step for complying with the said direction and has not informed the Directorate about the same. The petitioners approached the concerned authorities, but they are sitting over the matter and no decision has been taken: it has been submitted that the petitioners' future is hanging in balance due to long delay in holding the said examination, for their no fault. Learned J.C. to G.P.-I as also learned counsel appearing on behalf of the Jharkhand Academic Council submitted that if the direction of the Director has not been complied with, the petitioners should have approached the said Director demanding justice. But instead thereof, they have rushed to this Court. It has been submitted that the controversy involved in the writ petition requires consideration by the competent departmental authorities and the Director, Primary Education, Government of Jharkhand, Ranchi is the competent authority to consider the petitioners' grievance and pass appropriate order. If the petitioners approach the said Director by filing a fresh representation, the same shall be considered in view of the earlier order dated 23.5.2007 and other documents available on record and appropriate order shall be passed without further delay. If the petitioners approach the said Director by filing a fresh representation, the same shall be considered in view of the earlier order dated 23.5.2007 and other documents available on record and appropriate order shall be passed without further delay. Considering the submissions made by learned counsel for the parties, this writ petition is disposed of giving liberty to the petitioners to approach the Director, Primary Education, Government of Jharkhand, Ranchi by filing their representation(s) with all the supporting documents alongwith a copy of this order. If such representation(s) is/ are filed, the said respondent shall consider the same and pass appropriate final order in accordance with law within a period of six weeks from the• date of receipt of the representation (s)." 7. Pursuant thereto, the representations were filed by the 22 Writ Petitioners before the Director, Primary Education who, vide his Order dated 18.11.2008, contained in Memo No. 2710 dated 21.11.2008, disposed of the representation directing to allow those 22 Writ Petitioners to appear in the examination to be conducted by Jharkhand Academic Council with certain conditions mentioned in his order. Those conditions mentioned in his order are quoted here in below:- ^^mDr lHkh okfn;ksa dks fuEukafdr “krksZa ds lkFk ijh{kk esa lfEefyr djus dk vkns”k fn;k tkrk gSA ¼d½ vf/kfo/k ifj’kn~ vfHkys[kksa ls tk¡p dj ;g larq’V gks ysxk fd ,sls izf”k{k.kkfFkZ;ksa dks ukekadu nkok fd, tk jgs l=ksa esa gh lle; gqvk gS rFkk vH;fFkZ;ksa dk ukekadu j”khn rFkk egkfo|ky; ds dk;kZy; esa mldh lPph izfr ls feyku dj] ukekadu ds laca/k esa lqfuf”pr gks ysaA ¼[k½ egkfo|ky; dh lHkh lacaf/kr l=ksa dk mifLFkfr iath dh tk¡p dj lqfuf”pr gks fy;k tk;s fd ijh{kk dh nkok djus okys okfn;ksa us fu/kkZfjr vof/k esa d{kk esa fu;fer :i ls mifLFkr jgs gSa rFkk izf”k{k.k dk ikB~;Øe iwjk fd;s gSA ¼x½ ijh{kk esa lfEefyr gksus gsrq QkeZ Hkjokrs le; ifj’kn~ QksVksfeyku dj ;g lqfuf”pr djsxk fd tks oknhx.k vkosnu Hkj jgk gS mlh O;fDr dk gh ukekadu egkfo|ky; esa fd;k x;k FkkA 3- ijh{kk esa okfn;ksa dks ijh{kk esa lfEefyr gksus dk ;g vafre volj gksxk rFkk ijh{kk esa vlQy gksus ds i”pkr~ mUgsa nksckjk ijh{kk esa lfEefyr djus dk nkok muds }kjk izLrqr ugha fd;k tk;sxkA** 8. According to the present Writ Petitioners, pursuant to the order of the Director, dated 18.11.2008, the authority of the Teachers' Training College produced all the relevant documents before the Academic Council with respect to all such students including 22 students who had filed Writ Petition being W.P.(C) No. 778 of,2008 and, thereafter, on verification of the records and on being satisfied, the Academic Council issued altogether 400 application forms. Out of 400 Forms issued by the Council, 311 students filled up the Forms and submitted to the Training College. It is further stated that the Petitioner NO.1-i.e. St. Marry's Women's Primary Teachers' Training College, Deoghar,prepared a Bank Draft of Rs. 5,01,720/- in the name of Jharkhand Academic Council against the requisite Examination Fee but the Academic Council did not accept the same. 9. The stand of the Jharkhand Academic Council, as has been stated in the reply Jre/oinder is that the Notification No. 56/2009, published by the Jharkhand Academic Council, was only with respect to Government Primary Teachers' Training College and District Education and Training Institute for the Sessions 2006-08 (Regular), who had completed two years' course only which was a new course and the said Notification did not cover the case of the petitioners. Further stand of the Jharkhand Academic Council is that the order of the Director, Primary Education, dated 18.11.2008 is with respect to only those 22 students who were the Writ Petitioners in W.P.(C) No. 778 of 2008 and, therefore, the Academic Council is bound to examine the cases of only those 22 students, in pursuance of the direction of the Director, Primary Education dated 18.11.2008 whereas, the case of the other students of the petitioner no. 1-St. Marry's Women's Primary Teachers' Training College, Deoghar, are not covered by the said order of the Director. There is no order of any competent authority with respect to any other student than that of 22 students and, therefore, the Council did not accept any Fee or Forms of those 311 students. 10. 1-St. Marry's Women's Primary Teachers' Training College, Deoghar, are not covered by the said order of the Director. There is no order of any competent authority with respect to any other student than that of 22 students and, therefore, the Council did not accept any Fee or Forms of those 311 students. 10. In my view, the stand taken by the Jharkhand Academic Council is wholly unjustified and discriminatory for the reasons that when pursuant to the Order dated 18.11.2008, passed by the Director, Primary Education, Government of Jharkhand, the Jharkhand Academic Council is ready to take examination of 22 students, who were the writ petitioners in W.P.(C) No. 778 of 2008, then how it can refuse to give the same relief to the other students of the same College whose cases stand on similar footing to those of 22 students on the ground that the order of the Director is for only 22 students and none else. Equity demands that all the similarly situated students should be treated equally and similarly. If the case of those students who have already filled up the Forms issued by the Jharkhand Academic Council are found to be similarly situated and if they fully satisfy the conditions put by the Director in his Order dated 18.11.2008, then they are also entitled to get the same relief which' is being extended to those 22 students. They can't be treated differently. 11. For the reasons stated hereinabove, the Writ Petition is hereby allowed. The Jharkhand Academic Council is hereby directed to allow those students of 81. Marry's Women's Primary Teachers' Training College, Deoghar also to appear in the examination alongwith the 22 students who were the Writ Petitioners of W.P.(C) No. 778 of 2008 if the case of those students who have already filled up the Forms have been or is found to be on a similar footing to that of the 22 students who were the writ petitioners and if they also fulfill the conditions put in the Order dated 18.11.2008 by the Director, Primary Education, Government of Jharkhand. 12. Accordingly, this writ petition stands allowed but without any costs.