IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7306 of 2003 1.PANKAJ KUMAR JAISWAL, son of Shri Shambhu Nath Bhagat, resident of village Kotogara, P.O. Pirgul, P.S. Kasmar, District Bokaro, Jharkhand. 2.Jagdish Chandra Mahto, son of Shri Nand lal mahto, resident of village Dumarkudar, P.O. Karga, P.S. Kasmar, District Bokaro. 3.Ram Krishna Munda, son of Shri Kartik Munda, resident of village Dumarkudar, P.O. Karga, P.S. Kasmar, District Bokaro. 4.Devki Prasad Mandal, son of Shri Bishun Mandal, resident of village Basokando, P.O. Chalgo-Barmaria, P.S. Dumri, District Giridih. 5.Dukh Haran Mandal, son ofShri Mahadeo Mandal, resident of village Basokando, P.O. Chalgo Barmaria, p.S. Dumri, District Giridih. 6.Nand Kishore Prasad Choudhary, son of Shri Ram Prasad Choudhary, resident of village Matio, P.O. Lakshmantunda, P.S. Nimiaghat, District Giridih. 7.Basudeo mandal, son of Shri Nilkanth Mandal, resident of village bhandaro, P.O. Nayitanr, P.S. Dumri, District Giridih. 8.Munnalal Verma, son of Shri Lakhan lal, resident of village Adhwachwa, P.O. Birabia, P.S. Bengabad, District Giridih. 9.Hemlal Mandal, son of Shri Kishun Mandal, resident of village Jitkundi, P.S. Dumri, District Giridih. 10.Durgacharan Mahto, son of Shri Bindu Mahto, resident of village Tiro, P.O. Gangjori, District Bokaro. 11.Chandra Bhushan Ram, son of Shri MohanRam, resident of village-Balrampur, p.O. Chilgudda, P.S. Jaridih, District Bokaro. 12.Durgacharan Mahto, son of Shri Chamru mahto, resident of village Dumarkund, P.O.Karma, P.S. Kalma, District Bokaro. 13.Himanshu Kumar, son of Shri Kawach Kundal Mahto, resident of village & P.O. Gangjori, P.S. Jazridih, District Bokaro. 14.Anil Kumar Mahto, son ofShri Prayag Mahto, resident of village Barmasia, P.S. Jaridih, District Bokaro. 15.Pankaj Kumar Mahto, son of Shri Tara Lal Mahto, resident of village & P.O. Gangjori, p.S. Jaridih, District Bokaro. Versus 2 1.THE STATE OF BIHAR through the Secretary, PrimaryEducation, Human Resources Development Department, Government of Bihar, Patna. 2.The Bihar School Examination Board through its Chairman, Patna. 3.The Chairman, Bihar School Examination Board, Patna. 4..The Secretary, Bihar School Examination Board, Patna. 5.Shri Shashi Kant Singh, father’s name (not known to us), resident of Mohalla-Mohanpur Punaichak, Patna-23, Secretary, Mahatma Buch Primary Teachers Education College, Motipur, Muzaffarpur. ----------- 3 7/11/2009 Heard the parties. Prayer of the petitioner in this writ application reads as follows:- “That this is a writ petition on behalf of the petitioners for issuance of a writ of mandamus commanding the respondents especially respondent no.4, the Secretary, Bihar School Examination Board, Patna directing him to issue at least a provision certificate of Primary Teachers Training Examination for the three Sessions namely, 1986-88, 1987-89 and 1988-90 in the name of the petitioners or any other appropriate writ/writs, order/orders or direction/directions commanding the respondent to redress the grievances of the petitioners.” Counsel for the petitioners with reference to the aforementioned relief submits that he has got no instruction to press this application. Mr. Manish Kumar, learned counsel for the Bihar School Examination Board would invite to the fact that declaration of result of the petitioners was even otherwise not possible because Division Bench of this Court by order dated 11.9.1990 in C.W.J.C. No.5300/1990 had given the directions under which the petitioners 3 and other students had appeared in the examination. Operative portion of the aforementioned order dated 11.9.1990 reads as follows:- “The students appearing in the examination by virtue of this order shall do so on their own risk and no right shall ensure to them merely on that basis. Their result shall not be published until the question of the recognition of this institution is finally decided by the State Government one way or the other. It is made clear that the publication of their result will abide by the final decision in the recognition matter, that is to say, their result shall be published only in case recognition is accorded to the institution.’ Mr. Kumar submits that it is an admitted position that the Institution from which the petitioners had appeared in the examination was never given recognition and in fact their claim for recognition was rejected by order dated 29.9.1993 and as such the Board is not in a position to publish the result of unrecognized institution especially when appearance of the students of such institution in the examination was itself made conditional and therefore publication of result could have been only made in the event of grant of recognition. In that view of the matter, this Court will not find any merit in this writ application, but then as counsel for the petitioners does not want to press this application the same is dismissed as not pressed. Abhay Kumar (Mihir Kumar Jha, J.)