IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6848 of 2009 MD. SOHAIL AHMAD, SON OF LATE KORESH AHMAD, R/M SULTANGANJ, P.O.+ P.S. SULTANGANJ, DISTRICT PATNA(BIHAR)------PETITIONER Versus 1. THE STATE OF BIHAR 2. THE SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVT. OF BIHAR, PATNA. 3. THE DEPUTY SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVT. OF BIHAR PATNA. 4. THE DIRECTOR, TRAINING AND RESEARCH, GOVT. OF BIHAR, PATNA 5. THE BIHAR SCHOOL EXAMINATION BOARD, SINHA LIBRARY ROAD, PATNA THROUGH ITS SECRETARY. 6. THE SECRETARY, BIHAR SCHOOL EXAMINATION BOARD, SINHA LIBRARY ROAD, PATNA. 7. DR. ZAKIR HUSSAIN PRIMARY TEACHERS TRAINING COLLEGE OF EDUCATION, SULTANGANJ, PATNA THROUGH ITS PRINCIPAL ------RESPONDENTS. ----------- For the Petitioner : Mr. D.K.Sinha, Sr. Adv., Mr. Arvind Kr. Singh, Krishna Murari, Advocates. For the Respondent Nos. 5 and 6 : Mr. Syed Arshad Alam. For the State : M/SB.K.P. Sinha, G.P.3, H.Prasad, JC to GP-3, Advocates. 03. 22.06.2009 Heard learned counsel for the petitioner and the counsel for the Bihar School Examination Board, Sinha Library Road, Patna(hereinafter referred to as “the Board”). Petitioner earlier appeared in the Primary Teachers Training Examination (hereinafter referred to as “the Examination”) in the light of the interim order dated 13.6.2007 passed by this Court in L.P.A. No. 99 of 2007, Annexure-6. Such appearance of the petitioner in the examination was subject to the result of the said L.P.A. Later L.P.A. was dismissed under orders dated 23.6.2008, Annexure-7. Against dismissal of L.P.A. No. 99 of 2007 under orders dated 23.6.2008 the matter was taken to the Hon’ble Supreme Court in S.L.P.(Civil) Nos. 19147-19148 of 2008, in which notice was 2 issued under orders dated 13.8.2008. Later under orders dated 21.11.2008, Annexure-1, passed in the said S.L.P., the Hon’ble Supreme Court directed the publication of the result of the petitioner and others similarly situate but such publication was subject to the result of the said S.L.P. It appears petitioner failed in the examination and has filed this writ application for a direction to the Board to permit him to appear in the examination commencing from 24.6.2009 in the light of the Advertisement No. 17 of 2009, Annexure-11. As according to the petitioner he having failed in the examination should be allowed to appear in the subsequent examination so as to enable him to secure the grade. Counsel for the Board, however, opposed the submission. It is submitted by him that perusal of Advertisement No. 17 of 2009, Annexure-11 itself would indicate that the present examination is being conducted for the students of the Session 2005-07 and 2006-08 and others and not for the petitioner, who is said to be the student of the earlier Session 1979-81 to 1994-95. The Submission of the counsel for the Board has been noticed only to be rejected as according to this Court once the examination is being held may be for another subsequent session but the same examination in which the petitioner had appeared and failed then the petitioner should be given opportunity to appear and pass in the subsequent examination. This Court does not see any justification for not 3 allowing such relief to the petitioner and other similarly situate students. Accordingly, Board is directed to permit the petitioner and other similarly situate students to appear in the examination pursuant to Advertisement No. 17 of 2009, Annexure-11 but such appearance shall be subject to the result of the S.L.P.(Civil) Nos. 19147-19148 of 2008 pending before the Hon’ble Supreme Court. This writ application is, accordingly, disposed of. Let the authorities of the Board accept the fees and forms of the petitioner and other similarly situate students by 12 noon tomorrow i.e. 23.6.2009 so that there may not be any difficulty in their appearance in the examination commencing from 24.6.2009. Rajesh/ (V.N.Sinha, J.)