IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10127 of 2008 PRABHUNATH SINGH(MANTRIJI)PHYS . Versus THE STATE OF BIHAR & ORS . with CWJC No.11101 of 2008 SUNIL KUMAR SINGH . Versus THE BIHAR SCHOOL EXAM.BOARD &A . with CWJC No.10673 of 2008 JITENDRA TIWARI & ORS . Versus THE STATE OF BIHAR & ORS . with CWJC No.14986 of 2007 RANVEER SINGH @ RANBIR SINGH & . Versus THE STATE OF BIHAR & ORS . with CWJC No.15860 of 2007 DIP NARAYAN RAI & ORS . Versus THE STATE OF BIHAR & ORS . with CWJC No.10927 of 2008 NIRANJAN JHA & ORS . Versus THE STATE OF BIHAR & ORS . with CWJC No.14378 of 2008 OM PRAKASH SINGH & ANR . Versus THE STATE OF BIHAR & ORS . with CWJC No.12567 of 2007 GEETA KUNWAR . Versus THE STATE OF BIHAR & ORS . with CWJC No.1525 of 2010 1. RAM AKHITYAR SINGH S/O SRI SHYAM NARAYAN SINGH R/O VILL- SADHPUR, CHATTER, P.S DAUDPUR, DISTT- SARAN AT CHAPRA Versus 1. THE STATE OF BIHAR THROUGH DIRECTOR-CUM-YOUTH SERVICES, GOVT. OF BIHAR, PATNA 2. BIHAR SCHOOL EXAMINATION BOARD HAVING ITS OFFICE AT SINHA LIBRARY ROAD, P.S- KOTWALI TOWN AND DISTT- PATNA, THROUGH ITS SECRETARY 3. THE DISTRICT SUPERINTENDENT OF EDUCATION, SARAN, CHAPRA 2 with CWJC No.11745 of 2008 JANKI KUMARI & ORS . Versus THE STATE OF BIHAR & ORS . ----------- 11. 10.3.2010 This Court has heard the counsel for the petitioners, the Bihar School Examination Board and the counsel for the State of Bihar. Before this Court adverts to the facts involved in the case, the writ petition appears to be raising a pure question of law in view of the order of a co-ordinate Single Bench dated 21.5.1999. This Court in accordance with judicial discipline considers it proper to refer it for an authoritative consideration by the Division Bench. The claim in the writ applications are that after the order dated 21.5.1999 in C.W.J.C. Nos. 5520 of 1989 and 1882 of 1994, the results were published but which have illegally been cancelled without even as much as a notice. The judgment dated 21.5.1999 itself notices in Paragraph-11 that recognition granted was conditional and that the college had failed to fulfil the conditions for recognition. Thereafter at Paragraph-14 it has been noticed that conflicting orders have been passed by this Court. Paragraph- 3 16 of the judgment also noticed a Supreme Court decision of A.I.R. 1993 SC 2412 (Guru Nanak Dev University Vs. Perminder Kaur Bansal) that sympathy masquerades an interlocutory justice degenerating into private benevolence. Thereafter orders have been passed for identification of the students and publication of their results. In view of the facts that the recognition was conditional and which had not been fulfilled, when the judgment referred to therein finds much stronger echo in (2006) 13 SCC 673 (Sunil Oraon (Minor) Through Guardian & Ors. Vs. CBSE & Ors.) with regard to the caution to be exercised by Courts where unrecognized institution be concerned more particularly in Paragraph-23 of the same, this Court considers it proper to refer this matter to a Division Bench. After the issue of law is settled, on facts which do not appear to be in dispute in so far as the issue of recognition is concerned, the question of consideration of the claims of the petitioner may or may not arise. Let the petitioners file a second copy of the brief within a period of two weeks, failing which this application shall stands dismissed without further reference to a Bench. 4 Let the records be then laid before the Hon’ble the Chief Justice for appropriate orders. In the meantime, the interim order dated 15.9.2008 shall continue. P. Kumar (Navin Sinha, J.)