IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9097 of 2007 ANJANA KUMARI D/o Shree Dinesh Singh of village Bishambharpur, P.O. Jaintpur, P.S. Saraiya,District- Muzaffarpur. Versus 1. BIHAR SCHOOL EXAMINATION BOARD,Patna 17 through the Secretary. 2. Secretary, Bihar School Examination Board,Patna-17. 3. Director, Research and Training Human Resosurces Development Department, Vikas Bhawan,Patna. 4. Principal, St. Teresas Primary Teachers Training College,Bettiah,West Champaran. 5. Regional Director,N.C.E.T,Bhuneshwar. ----------- 5 16.12.2008 Petitioner having passed her Intermediate Science Examination, took admission in St. Teresas Primary Teachers Training College, Bettiah, West Champaran for primary teachers training course, as prescribed by the Bihar School Examination Board. Petitioner was of the Session 2005-07. The course having been completed, the writ petition has been filed by the petitioner to direct the Bihar School Examination Board to conduct the examination. I may note here that the aforesaid institution is duly recognized by the National Council for Teachers Education, which recognization has been granted consequent to” No Objection” already granted in terms of Section 17 of the said Act by the State Government. In view of the facts aforesaid, I find that there is no impediment in holding examination , rather the Examination Board is failing in its duty by not conducting the examination. On behalf of the Board , it is pointed out that the examinations are conducted as per orders of the Director, Research - 2 - and Training Human Resources Development Department, Govt. of Bihar,Patna. In my view, this is no defence. The petitioner has completed the course , as stated by the Examination Board and the institution has been duly granted “No Objection Certificate” by the State Government and recognized by the National Council for Teachers Education.Once all these parameters have been fulfilled , it is not sweet will of the Government or the Examination Board to hold or not to hold the examination. It becomes statutory obligation and duty on the part of the Examination Board to hold such an examination. The examination is already over due by a year and it is high time the Examination Board woke up to its obligation and conducted the examination without waiting for any order of any authority or the government officials. It is an independent statutory Board autonomous in its function and must assert its independence. I,therefore,direct that within two months from today, the Board shall conduct the examination of eligible students from eligible institution for the session 2005-07 and would go on year to year accordingly without any further delay. The writ petition stands disposed of. Let a copy of this order be given to learned counsel for the Examination Board. singh (Navaniti Prasad Singh)