IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12349 of 2006 Alauddin Ahmad Khan, s/o- Shamsuddin Ahmad Khan, r/o- village Lalganj, P.S. Langanj, District- Vaishali at Hajipur. Versus 1. The State Of Bihar. 2. The Bihar School Examination Board, Sinha Library Road, Patna through the Chairman. 3. The Chairman, The Bihar School Examination Board, Sinha Library Road, Patna. 4. The Secretary, The Bihar School Examination Board, Sinha Library Road, Patna. 5. The District Superintendent of Education, Vaishali at Hajipur. For the petitioner : Mr. Purnendu Singh, Advocate. For the State : Mr. Sunil Kumar Mandal, S.C. 24. ----------- 6 25.07.2011 Heard learned counsel for the petitioner and learned counsel for the respondent. Petitioner, claiming himself to be a student of National Teachers Training College, Arer, Madhubani of the Session 1993-95, has filed the present writ petition seeking a direction upon the respondent Bihar School Examination Board (for short “the Board”) to issue mark sheet as well as pass certificate of Teachers Training Examination held in the year 2004 for the said session. A counter affidavit has been filed on behalf of the respondents enclosing therewith a judgment of the Division Bench of this Court rendered in the case of L.P.A. No. 428 of 2005) National Urdu Primary Teachers Education College. Madhubani versus The State of Bihar & Ors) and its analogous cases (Annexure-1). It is submitted on behalf of the respondents that the present application is fit to be dismissed in view of the findings recorded by the Division Bench of this Court 2 in the aforesaid case. Learned counsel for the petitioner submits that the case of the petitioner is different in as much as, in the said case, the institution had approached this Court seeking a mandamus upon the respondents to publish results of the examination conducted by the Board. On close scrutiny of the judgment, it appears that this Court noticed as under in paragraph 2: “It appears that through I.A. No. 577 of 2006, five intervenors Tauqir Ahmad and others claiming to be students of the College for the Sessions 1993-95 and 1994-96, have been added as intervenor-appellants. They have prayed for a direction to the respondent Bihar School Examination Board B.S.E.B.) to issue marks sheet and certificates.“ After considering threadbare the issues involved in the application, this Court in paragraphs 26 and 27 observed as under:- “26, Then, as regards the students for the sessions 1993-5 as also the sessions 1994-96 though the appellants have filed annexure-14 to show that by letter dated 13.5.2005, the BSEB had directed it to produce the admission register, attendance register, counterfoil of the admission fees, assessment books, and its case is that it had produced those documents and being satisfied the B.S.E.B. had allowed the students of the Sessions 1993-95, 1994-96 to appear at their examinations, but as already mentioned that in March, 2004 the College was inspected by the District Superintendent of Education and his report shows that the College was non functional, atleast from the sessions 1991-93. The report also shows that the College was closed since 1997. The report of the Deputy Director (Education), Darbhanga (Annexure-A to the counter affidavit filed by the BSEB in the L.P.A) also shows that on 29.4.1999 he had 3 gone to inspect the college, but could not locate any such College, and from the staff of another College, namely, Millat Teachers Training College, he learnt that the College had functioned till 1988-89. These documents, therefore, go to show that the documents furnished by the college in compliance with Annexure-14 for securing the permission for the students to appear at the examinations commenced on 20.5.2004, were all created and not genuine. The college was not functioning and no training was imparted to the students of the Sessions 1993-95 and 1994-96 to enable them to appear at the examinations. So, even if the students for these sessions appeared at the examinations and the results have been published, they are entitled to marks sheets, certificates etc. 27. Learned counsel for the appellants submitted that as the College had valid recognition of the State Government before 17.8.1995 when NCTE came into force and the students of the sessions 1993-95 and 1994-96 had appeared at the examinations and their results have been published, they are entitled to get marks sheets, certificates etc. In support of his submissions, he had relied on the Division Bench decision of this Court in the case of B.N. Mandal University vs. Mushtaque Alam and others, 2003 (4) PLJR 197. He has relief on this decision also to defend the College for the students of the sessions 1991-93 and 1992-94.” The Division Bench, in view of the aforesaid finding relying on a judgment of the Apex Court in the Case of N. M. Nageshwaramma vs. State of Andhra Pradesh (A.I.R. 1986 S.C. 1188) as also in the case of L. Muthukumar and Anr versus State of Tamil Nadu and Ors [ (2000) 7 S.C.C. 618] concluded as under in paragraphs 29 and 30: “29. The Supreme Court in the case of N.M. Nageshwaramma vs. State of Andhra Pradesh., A.I.R. 1986 S.C. 1188 has observed “The Teachers training Institutions are meant to teach children of impressionable age and we cannot let loose on the innocent and unwary children, 4 teachers who have not received proper and adequate training. True, they will be required to pass the examination but that may not be enough. Training for a certain minimum period in a properly organized and equipped Training Institute is probably essential, before a teacher may be duly launched. “Similar observation had also been made by the Apex Court in the case of L. Muthu Kumar (Supra). 30. Therefore, in this case when the College did not impart any training, only under the umbrella of temporary recognition by the State Government, the appellants and other writ applicants cannot be granted the reliefs sought for.“ In view of the aforesaid view taken by a Division Bench of this Court, present application is fit to be dismissed. I order accordingly. pkj (Kishore K. Mandal, J.)