IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14321 of 2009 1. DEGREE COLLEGE, BAGAHA THROUGH ITS PRINCIPAL BABUAJI SINGH S/O LATE PARMESHWAR SINGH VILL- GANDAK COLONY, BAGAHA 2, P.S. BAGAHA, DISTT. WEST CHAMPARAN Versus 1. THE STATE OF BIHAR 2. THE DIRECTOR (EDUCATION) BIHARY VIDYALAYA PARIKSHA SAMITI (BIHAR SCHOOL EXAMINATION BOARD) PATNA, BIHAR 3. BIHARY VIDYALAYA PARIKSHA SAMITI (UCCH MADHYAMIK), THROUGH SECRETARY BUDDH MARG, PATNA ----------- 2/ 07/11/2009 Heard learned counsel for the petitioner and learned counsel for the State. It is submitted from Annexure-2, an inspection report of the Deputy Secretary of the Bihar School Examination Board (Higher Secondary) that the petitioner institution is affiliated at the Degree level to the Bihar University and recognized by the State Government also. This has been reiterated in the letter dated 26.8.2008 of the Director (Education), Bihar School Examination Board. Earlier, in the session-2006-08/2007-09 the fees and forms of the students for the Intermediate examination had been accepted while the same is now being denied for the 2009-10 session. Learned counsel for the Board prays for time to file counter affidavit. This Court does not consider the same necessary. An institution is either recognized on fulfillment of the conditions or is unrecognized. There can be no half way house. An institution cannot be recognized for the 2 2006-08 and 2007-09 sessions and very soon be considered unrecognized for 2008-2010 session. Likewise, if the petitioner institution is recognized by the State Government affiliated to the Bihar University for the higher level of Degree education, this Court finds it difficult to understand the refusal to release the application forms for the Inter level, a subordinate level of education, in the same institution with regard to Inter examinations, more so when the preceding batch 2006-08 and 2007-09 had been granted the privilege. The writ application is disposed with directions to the Director (Education), Bihar School Examination Board, to grant a personal hearing to the petitioner and dispose of the issue with regard ti issuance and receipt of O.M.R. forms of students of Inter level for 2008-2010 session within a maximum period of 2 weeks from the date of receipt/production of a copy of this order before him. The director is required to pass a reasoned and speaking order on the issues as discussed above or any other issue that may be urged on behalf of the petitioner so that if the need arises and the petitioner is required to approach this Court again, a judicial review of a reasoned and speaking order is facilitated. KC ( Navin Sinha, J.)