IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4222 of 2008 DR.NARAYANI UPENDRA YADAV INTE Versus THE STATE OF BIHAR & ORS ----------- 5. 05/08/2008 This writ application has been filed by an Institution, namely, Dr.Narayani Upendra yadav Inter College and its Secretary. In the writ application a prayer has been made to direct the respondents to conduct Practical Examination (Science and Arts Intermediate 2008 Examination) of the students of the College and publish their results. As admitted in the writ application itself, the Institution enjoyed affiliation for some time. However, its affiliation was later on withdrawn. An inspection was made of the Institution, a copy of the report whereof is Annexure-7 to the writ application, from which it transpires that the Institution has been recommended for grant of affiliation. While the matter with regard to affiliation of the Institution was pending, students of the Institution were allowed to appear in the examination through a different Institution. They appeared so and their results have been published and marksheets and provisional - 2 - certificates have been issued through the Institution from where they had appeared in the examination. Learned counsel for the petitioners submits that the results of the students ought to have been sent to the petitioner Institution for distribution to the students. However, since the petitioner Institution did not enjoy affiliation, the Bihar School Examination Board (Higher Secondary) could not take cognizance of existence of this Institution, and therefore, no fault can be found in the issue of marksheets and provisional certificates of the students to the Institution through which the students had appeared in the examination. Learned counsel for the petitioners submits that the inspection report ought to have been considered by the Board and final decision ought to have been taken in the matter of grant of affiliation to the Institution. It goes without saying that if necessary inspection and enquiry with regard to the petitioner Institution has been made in accordance with law, the Board is obliged to - 3 - take final decision in the matter of grant of affiliation to the petitioner Institution or otherwise. In the result, this writ application is disposed of. Board is directed to take final decision with regard to grant of affiliation to the petitioner Institution or otherwise in case necessary enquiry and inspection of the Institution has been made in accordance with law and report in this respect has been received by the Board, at an early date preferably within a period of three months from the date of receipt/production of a copy of this order. Pradeep/ (J. N. Singh, J.)