JUDGMENT : AMRESHWAR PRATAP SAHI, J. 1. Heard Shri P.K. Shahi, learned Senior Counsel for the appellant College and Shri Lalit Kishore, learned Senior Counsel for the Bihar School Examination Board. 2. The dispute is clearly with regard to the claim of such students of the appellant College who, it is urged, had submitted their forms through the College prior to 24th July, 2018 in the Science stream to appear in the Intermediate Examinations to be conducted by the Bihar School Examination Board. 3. The claim of the appellant Institution was resisted by the Board on the ground that the Institution did not have recognition/affiliation with regard to the running of Science Courses in the Intermediate Section. The appellant Institution contended that it stood recognized and the forms of the Institution have been regularly accepted in the past and even for this year 384 forms have been accepted. There are some students who had filled up forms over and above the said number about whom the present dispute has been raised. In short, the dispute is with regard to 582 students of the Science stream who, according to the College, had passed their Class XI Examination and were entitled to appear in the Class XII examination. It was also the case of the appellant that the forms have been submitted but the Board did not accept the Registration Fee etc. inspite the advertisement dated 24th July, 2018. 4. The Board contended that the appellant Institution had approval for only two Academic Sessions in the past in the year 1987 and in such circumstances, no such benefit can be extended. 5. The learned Single Judge came to the conclusion that the appellant Institution could not claim this as a matter of right and that there could not be parity in illegality even if 384 forms have been accepted. The Court, therefore, declined to interfere in the matter and the writ petition was dismissed observing that the Bihar School Examination Board adheres to the norms prescribed in this regard. 6. The judgment of the learned Single Judge in the present case was delivered on 1st of March, 2019. The Court, therefore, declined to interfere in the matter and the writ petition was dismissed observing that the Bihar School Examination Board adheres to the norms prescribed in this regard. 6. The judgment of the learned Single Judge in the present case was delivered on 1st of March, 2019. Prior to that in respect of two other Colleges in C.W.J.C. No. 22052 of 2018 the same learned Single Judge had passed the following order:- “The present writ petition has been filed for directing the respondents-Bihar School Examination Board to accept the registration form and fees without late fine of 798 students of the petitioners’ college under the Science stream for the sessions 2017-19, pertaining to the Intermediate course. I have heard the learned Senior counsel appearing for the petitioners as also the learned Advocate General appearing for the Bihar School Examination Board, however, the matter is required to be heard at length for the purposes of deciding the lis involved in the present case and the same would be decided when the matter is listed in its turn under the heading “For Admission.” However, in order to ensure that the career of the innocent students does not suffer, especially in view of the fact that in the earlier years as well, the Bihar School Examination Board had accepted the registration form and fees and granted permission to the extra students of the petitioner college to appear in the intermediate level examination, and under the special circumstances, the learned Advocate General, appearing for the Bihar School Examination Board has also conceded to the extent that in order to protect the career of the innocent students, the Board would allow 798 students under the Science stream to appear in the upcoming special/compartmental examination to be held in the month of April, 2019, however, it is submitted that the said concession be not treated as a precedent. In view of the aforesaid concession extended by the learned Advocate General, appearing for the Bihar School Examination Board, the Board is directed to accept the registration form and fees of the said 798 students under the Science stream, pertaining to the petitioners’ College so that they can appear in the aforesaid Intermediate Examination for the Sessions 2017-19. It is further directed that the aforesaid order passed in the present case would not be treated as a precedent in any case. It is further directed that the aforesaid order passed in the present case would not be treated as a precedent in any case. List this case under the heading “For Admission” in its own turn.” 7. In the present case, a counter affidavit was filed on behalf of the Board and the relevant paragraph of the counter affidavit deserves to be extracted in order to appreciate the stand taken by the Board. 8. In Paragraph 8 the following averments have been made: “8. That it is submitted that under the policy decision, those institutions which are having affiliation in one or two faculties only, the same basic seat strength has been allowed in the unaffiliated faculty of such institution. The said concession has been provided to the petitioner institution and other alike institutions.” 9. However, in Paragraph 9 the following averments indicate that a decision was taken by the Board on 19.12.2018:- “9. That accordingly decision has also been taken by the Board, that in future admission, registration and examination form of students of such institutions would not be accepted, which do not have the affiliation of the State government/Board or does not have affiliation in any particular faculty at the +2 level and in future no such college will be allowed. However, keeping in view the interest of the students at large, for the present decision has also been taken by the Board to allow students of such institutions to be tagged with adjoin +2 institutions for appearing at the Intermediate Examination 2019. The photostat copy of the relevant extract of the proceeding of the Board dated 19.12.2018 is annexed herewith as Annexure B.” 10. The photostat copy of the relevant extract of the proceeding of the Board dated 19.12.2018 is annexed herewith as Annexure B.” 10. The decision taken by the Board on 19.12.2018 is extracted herein-under: fcgkj fo|ky; ijh{kk lfefr] iVuk fnukad 19 fnlEcj] 2018 dks gqbZ fcgkj fo|ky; ijh{kk lfefr dh cSBd dh dk;Zokgh dk m)j.k vU;kU; fo"k; la[;k&07 fnukad 25 tqykbZ] 2018 dks gqbZ lfefr dh cSBd esa vU;kU; fo"k; la[;k&08 esa fy;s x;s fu.kZ; ij iqufoZpkj djrs gq, oSls f'k{k.k laLFkku ftUgsa jkT; ljdkj@fcgkj fo|ky; ijh{kk lfefr ls mPp ek/;fed Lrj ¼$2½ esa vFkok fdlh ladk; esa lEc}rk ÁkIr ugha gS] esa Nk=ksa dk ml ladk; esa ukekadu lwphdj.k ,oa ijh{kk Ái= ugha fy;s tkus dk fu.kZ; fy;k x;kA oSls 'kS{kf.kd laLFkku ftUgsa jkT; ljdkj@fcgkj fo|ky; ijh{kk lfefr ls mPp ek/;fed Lrj ¼$2½ dh lEc)rk ÁkIr ugha gS] ds Nk=ksa dks mPp ek/;fed Lrj ds iBu&ikBu gsrq ukekadu ij jksd yxk;s tkus ,oa Nk=ksa dks ijh{kk ls oafpr j[ks tkus ds lac/ak esaA Nk= fgr esa baVjehfM,V ijh{kk ds fy, oSls ÁLohd`r@ekU;rk egkfo|ky;] ftuds vlEc} ladk; esa fo|kfFkZ;ksa }kjk ukekadu ,oa lwphdj.k@ijh{kk vkosnu Ái= Hkjk x;k gS] mUgsa fdlh vU; $2 ekU;rk ÁkIr f'k{k.k laLFkku ls lEc} djkdj ijh{kk esa lfEefyr djkus dk fu.kZ; fy;k x;kA 11. Learned Senior Counsel Shri Lalit Kishore for the Board contends that any such claim set up by the Institution is unacceptable in the absence of any valid recognition for running a Science Stream in the College and consequently the learned Single Judge was justified in dismissing the writ petition. He submits that there is no legal right so as to claim the participation of such students admitted by the appellant Institution who have been admitted in a faculty that remains unrecognized. 12. Having considered the submissions raised, the argument advanced on behalf of the Board is ideally acceptable and it should have been adhered to, but we find fluctuating orders being passed by this Court as presently involved-one in the present case and one in the judgment extracted hereinabove. The appellant institution has itself been extended such benefit in respect of 384 applicants. The appellant institution has itself been extended such benefit in respect of 384 applicants. Apart from this, the decision of the Board, which has been extracted hereinabove, is by itself a stand which can neither be described as a dichotomy nor a paradox but a conscious decision of the Board whereby the earlier resolution not to accept any such candidates has been clearly rescinded in respect of unaffiliated faculties and the Board has allowed students of such faculties to appear in the examinations of the College, provided it is otherwise recognized. 13. In the present case, the appellant also contend that the College is recognized and if the respondents are unjustifiably treating the Science Stream to be unaffiliated, even then, as per the resolution of the Board dated 19.12.2018, the matter did require a consideration. 14. We, therefore, direct the Chairman of the Bihar School Examination Board to take a decision latest by day after tomorrow in the light of what has been stated hereinabove and keeping in view the rules and regulations of the Board and its decision in this regard and pass an appropriate order with regard to the acceptance or otherwise of the forms of the 582 students whose fate is involved in the present appeal by a reasoned and speaking order. 15. The appeal stands disposed of with the aforesaid directions and the impugned judgment of the learned Single Judge dated 1st March, 2019 passed in C.W.J.C. No. 22582 of 2018 stands modified to the aforesaid extent.