IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10115 of 2010 1. VINOD KUMAR JHA S/O SRI KAMLA KANT JHA R/O VILL & P.O.MAUJHA, VIA- SUPAUL, P.S.KISHANPUR, DISTT-SUPAUL, INCHARGE HEADMASTER ,LAHTAN CHAUDHARY PRATHMIK SAH-MADHYAMIK VIDYALAYA, SUPAUL 2. URMILA DEVI W/O UMESH CHAUDHARY R/O VILL TELHAR, P.O.TELHAR, BLOCK MAHISI, DISTT-SAHARSA 3. SECRETARY , MANAGING COMMITTEE, UMESH PAWAN SANSKRIT PRATHMIK -SAH- MADHYAMIK BALIKA VIDYALAYA KARNAPUR, SUPAUL Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT GOVERNMENT OF BIHAR, PATNA 3. THE SPECIAL DIRECTOR (SANSKRIT), HUMAN RESOURCES DEVELOPMENT DEPARTMENT GOVERNMENT OF BIHAR, PATNA 4. THE DISTRICT EDUCATION OFFICER SUPAUL 5. THE CHAIRMAN , BIHAR SANSKRIT SHIKSHA BOARD BORING CANAL ROAD, PATNA 6. THE SECRETARY, BIHAR SANSKRIT SHIKSHA BOARD BORING CANAL ROAD, PATNA ----------- 5. 04.11.2010 Heard learned Counsel for the petitioners and the learned Counsel for the State. The relief sought in the application is for a direction to the Bihar Sanskrit Shiksha Board to publish result of Madhyama Examination for the Session 2008-2009 of Lahtan Chaudhary Prathmik Sah Madhyamik Vidyalaya, Supaul and Umesh Pawan Sanskrit Prathmik Sah Madhyamik Balika Vidyalaya, Karnapur, Supaul. The petitioners came to this Court earlier in CWJC No. 19118 of 2008. It was their case that the Schools were established between 1978 to 1981. It was further contended that fees and forms of the students for appearing at the Prathmik/Madhyama Examination have been accepted continuously since then and now the same was sought to be denied with regard to 2009 examination. The order in the earlier writ petition notices that the petitioners placed on record documentary evidence including money receipt of permission granted by the State Government 2 for acceptance of their fees and forms and the deposit thereof but presently in pursuance of some report of the Department of Vigilance not specific to the School of the petitioners acceptance of fees and forms are being denied. After noticing that counter affidavit had been filed by the respondent Board the Court observed that on facts whether the fees and forms were being accepted directly from the petitioners’ institution or indirectly through other recognized institution as suggested by the Board was hardly of any relevance. In view of the admitted position emerging from the record that it was the Board which was accepting the fees and forms the Court noticed that it was not a case of new institution established recently staking its claim for students to appear at the examination raising issues of unrecognition. The Court also noticed specific materials on record to indicate that orders were issued individually with regard to the petitioners’ institution as far back as 1990 to accept the fees and forms. The stand of the respondent Board was noticed in the following terms in the next paragraph along with the directions of the Court as follows: “Learned Counsel for the Bihar Sanskrit Shiksha Board acknowledges that the students of the petitioners’ institution have been appearing at the Prathma/Madhyama Examinations conducted by the Board and their fees and forms have been accepted since long till present order in 2009. He therefore submits that he has instruction to state that the Board for the present examination of the year 2009 shall accept the fees and forms of the students of the petitioners’ institution for appearing at the Prathma/Madhyama examination but that this shall have no bearing on the issue of formal orders of recognition which is now engaging attention of the Board.” 3 This order is acknowledged to have attained finality. The Board issued necessary forms to the students and they have appeared at the examination but their results are not being published. Counsel for the Board submits from the counter affidavit that the Schools are unrecognized. Their claim for recognition is pending for years together and has not been finalized till date. Reliance is placed on certain orders of this Court in CWJC No. 5762 of 2009 and analogous cases dated 11.5.2009. It is submitted that the relief sought therein by similar others was that the recognition has been pending for long and therefore to send up the students for appearing at the Madhyama Examination. The Court declined such relief and only gave direction to take decision on the issue of recognition. LPA No. 797 of 2009 was preferred against the same. Counsel for the Board fairly acknowledges that the appeal has been allowed and the relief granted to the petitioners therein. The submission of the Board that the LPA Court had while passing interim order directed non publication of results of unrecognized institutions till further orders is completely misconceived. That was a litigation inter parties between the appellants therein and the respondent Board and in that context the interim order was not to publish result of the appellants which has now been done after the appeal has been allowed. The interim order of stay, if it was applicable to the petitioners, no more exists and has merged with the final order directing publication of results. The present litigation is wholly unwarranted generated by the Board due to complete non 4 application of mind. The Court was inclined to impose heavy cost but refrains from doing so. The writ application is allowed. The results are directed to be published. The directions are required to be complied with within a period of one month from the date of receipt and/or production of a copy of this order. Snkumar/- (Navin Sinha,J.)