IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1929 of 2011 In Civil Writ Jurisdiction Case No. 16808 of 2011 ====================================================== The Management of Sri Anugrah Narayan Singh College through its Principal Sri Arvind Kumar Singh @ Arvind Kumar S/O Late Raghaw Singh, the present resident of Mohalla : Dharma Samaj Chowk, P.S. : Motihari Town and the permanent resident of Village : Chamahi, P.S. : Shikarganj, District : East Champaran. .... Appellant .... Appellant Versus 1. The Bihar School Examination Board (Senior Secondary) through its Chairman, Budh Marg, Patna. 2. Mr. Rajmani Singh, the Chairman, the Bihar School Examination Board, Budh Marg, Patna 3. Mr. Lalan Jha, the Secretary, the Bihar School Examination Board, Budh Marg, Patna. .... Respondents.... Respondents ====================================================== Appearance : For the Appellant/s : Mr. Amarendra Nath Verma, Advocate For the Respondent/s : Mr. Purnendu Singh, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 2 15-12-2011 This Appeal has been taken up for hearing today on priority at the request made by learned advocate Mr. Amarendra Nath Verma. Feeling aggrieved by the order dated 3rd November 2011 made by the learned single Judge in CWJC No. 16808 of 2011, the writ petitioner- the Management of Shri Anugrah Narayan Singh College has preferred this Appeal under Clause 10 of the Letters Patna High Court LPA No.1929 of 2011 (2) dt.15-12-2011 2 / 3 2 Patent. The Higher Secondary Section of the appellant Sri Anugrah Narayan Singh College, Motihari (hereinafter referred to as “the College”) has not been recognized by the respondent-Bihar School Examination Board (hereinafter referred to as “the Board”). Nevertheless the College admitted certain students for higher secondary education for the academic session 2009-2011. Although there was no recognition the College was permitted to enter its students for Class 12th examination conducted by the Board. The said action was challenged before this Court in Public Interest in CWJC No. 9627 of 2010. By order dated 30th September 2010 the Bench of this Court allowed the said petition and set aside the action of the Board allowing the College to enter its students for Board examination. The association of the students of the academic session 2009-11 sought review of the said order in M.J.C. No. 866 of 2011. The said M.J.C. was rejected on 4th March 2011. The said order dated 4th March 2011 was challenged before the Hon’ble Supreme Court. On 1st April 2011 the Special Leave to Appeal (Civil) No. 7700 of 2011 was dismissed as withdrawn. Nevertheless the same relief was once again sought in above CWJC No. 16808 of 2011, this time by the Management of the College. The learned single Judge has in view of the earlier order dismissed the writ petition. Therefore, this Appeal. We see no merit in this Appeal. Once the relief was refused by this Court, there could not have been repeated petition in the same subject matter, may be by a different party (the management of the College). The College also prayed for a direction to the Board to Patna High Court LPA No.1929 of 2011 (2) dt.15-12-2011 3 / 3 3 allow 1015 students of the College to take Class 12th examination for the academic session 2010-12. It appears that irrespective of the earlier refusal and irrespective of the fact that the College is not recognized/affiliated by/to the Board, the College has continued to admit students. Now the College intends to push such students for Board Examination. In absence of affiliation or recognition of the classes conducted by the appellant the relief cannot be granted. The learned single Judge has rightly dismissed the writ petition. No case for interference is made out. Appeal is dismissed in limine. B. Tiwary/Anjani/- (R.M. Doshit, CJ) (Birendra Prasad Verma, J)