IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11426 of 2009 1. SHIVA RAM KUMAR SINGH, SON OF LATE NAKUL PRASAD SINGH, RESIDENT OF VILLAGE-KUNNATH, P.S. SHAMBHUGANJ,DISTT-BANKA. 2. MD.MASHIH UDDIN, SON OF LATE INAMUL HAQUE RESIDENT OF VILLAGE+P.O KASBA,VIA- SHAMBHUGANJ, DISTT-BANKA. 3. KUMOD KUMAR, CHOUDHRY, SON OF LATE RAJENDRA PRASAD CHOUDHARY RESIDENT OF VILLAGE- MAKESHWAR, P.O. SHRI PATHAR, P.S.GHORAIYA,DISTT- BANKA. 4. NALINI KUMAR RAJESH, SON OF LATE SURESH PRASAD MANDAL, RESIDENT OF VILLAGE+P.O. BHANGAMA, P.S. BARAHAT, DISTT- BANKA. 5. MOHAMMAD- JIYAUL HAQUE, SON OF LATE IYANUL HAQUE, RESIDENT OF HOLLA- GULJARGAGH, P.O.GODDA, P.S. +DISTT-GODDA. 6. RANJAN KUIMAR, SON OF LATE JAY PRAKASH YADAV, RESIDENT OF VILLAGE- KHARAON, P.O. RANTA, P.S. BELHAR, DISTT-BANKA. 7. SUMIT KUMAR SINGH, S/O LATE JAJESHWAR PRASAD SINGH, RESIDENT OF VILLAGE+P.O.MADRAUNI, P.S. RANGARA CHOWK, DISTT- BYHAGALPUR. 8. BIPIN BIHARI DAS, SON OF LATE NAGESHWAR DAS, RESIDENT OF VILL-+P.P. KENDUWAR, P.S. AMARPUR, DISTT- BANKA. 9. RAMLAL RAI, SON OF LATE DARBARI RAI, RESIDENT OF VILLAGE- CHOKAR, P.O. SALEMPUR,P.S. AMARPUR, DISTT- BANKA. 10. MOHAMMED REHAN AKHTAR, KSON OF LATE ABDUL KUDDUS, RESIDENT OF VILLATE- RABBIDIH, P.O.BATSAR, P.S. DHORAIYA, DISTT- BANKA. 11. NIRANJAN KUMAR RANJAN, SON OF LATE ARJUN PASWAN, RESIDENT OF VILLAGE+ P.O. KATHAWN, P.S. RAJAU8N, DISTT-BANKA. 12.RAJEEV RANJAN, SON OF LATE RAMBIHARI PRASAD SINCH, RESIDENT OF VILLAGE+ P.O.KATHWN, P.S. RAJAUN, DISTT- BANKA. 13. RAJKUMAR, SON OF LATE RAMCHANDRA RAI, RESIDENT OF VILLAGE- AASMANICHAK, P.O. BAMDEO, P.S. RAJAUN, DISTT- BANKA. 14. MUNDRIKA PRASAD SAH, SON OF LATE RAMDAS SAH, RESIDENT OF VILL-KATORIYA, P.S.KATORIA, DISTT-BANKA. 15. UDAY NARAYAN YADAV,SON OF LATE DURO PRASAD YADAV, RESIDENT OF VILLAGE- KALIGARH, P.O.LAKSHMIPUR, P.S. KATORIYA. 16. BIRENDRA KUMAR SINGH, SON OF LATE RANJEET KUMAR SINGH, RESIDENT OF VILLAGE+P.O. NAWADA BAZAR, P.S. RAJAUNM, DISTT-BANKA. 2 17. RAKESH KUIMAR, SON OF SHRI JANARDAN PRASAD SINGH, RESIDENT OF VILLAGE- BHUSIYA, P.O.+ P.S. RAJAUN, DISTT- BANKA. 18. KAUSHAL KUMAR SINHA, SON OF LATE SHRIKANT PRASAD, RESIDENT OF VILLAGE- ALIGANJ, P.O.+P.S. =DISTT-BANKA. 19. AMRENDRA KUMAR SINGH, SON OF SHRI MAHADEO LAL SINGH, RESIDENT OF VILLAGE- BHUSIYA, P.O.+P.S.- RAJAUN, DISTT- BANKA. 20. JAIKANT YADAV, KSON O0F LATE UCHIT LAL YADAV, RESIDENT OF VILL-MEHARPUR, P.O.CHUTIYA, P.S.+DISTT-BANKA. 21. ANIL KUMAR SAH, KSON OF LATE KESHAV PRASAD SAH, RESIDENT OF VILLAGE + P.O.+P.S. HARAHAT, DISTT-BANKA. 22. RAJ KUMAR SAH SON OF SJRI CHHEDI SAH, RESIDENT OF VILLAGE +P.O.BHABHANGAMA, P.S. BARAHAT, DISTT-BANKS. 23. AMRENDRA KUMAR DAS, SON OF LATE AGAM SHARAN DAS, RESIDENT OF VILLAGE- RATANPUR, P.O.MAKDUMMA, P.S. AMARPUR, DISTT-BANKA. 24. PRAVIN KUMAR RANJAN, SON OF LATE OM PRASAD YADAV, RESIDENT OF VILLAGE+P.O. BHARKO, P.S.AMARPUR, DISTT- BANKA. 25PURUSHOTTAM KUMAR, SON OF LATE TRIBHUWEAN KUMAR, RESIDENT OF VILLAGE + P.O. NAWADA, P.S. RAJAUN, DISTT-BANKA. 26. DIWAKAR PRASAD SINGH, SON OF LATE SATYANARAYAN SINGH,RESIDENT OF VILLAGE+P.O. JODHA, P.S. DHORAIYA, DISSTT-BANKA. 27. PUNAM KUMARI, DAUGHTER OF LATE DHIRENDRA PRASAD MANDAL, RESIDENT OF VILLAGE- KHANUKITTA, P.O.+P.S. SABAUR, DISTT- BHAGALPUR. 28. ANJU KUMARI, WIFE OF SHRI D.K. SHARMA, RESIDENT OF VILLAGE+P.O.ALAWA, P.S. PRAHALPUR, DISTT-NALANDA. 29. NITYANAND PRASAD, SON OF LATE3 RABINDRA PRASAD YADAV, RESIDENT OF VILLAGE- NAGAL, P.O.BISHUNPUR, P.S.BELHAR, DISTT-BANKA. 30. LAKSHMAN SINGH, SON OF LATE VIJAY KISHOR MANDAL, RESIDENT OF VILLAGE- FATEHPUR, P.O. GANGANIYA,P.S. SULTANGANJ, DISTT-BHAGALP UR. 31. ARBIND KUMAR DUBEY, SON OF LATE BIRENDRA NARAYAN DUBEY, RESIDENT OF VILLAGE – NAWADIH, P.O. FAGA, P.S. BAUNSHI, DISTT- BANKA. 32. GOPALJI BHARTI, SON OF LATE JANARADAN PRASAD SINGH, RESIDENT OF VILLAGE + P.O.BARSABAD, P.S. SHAMBHUIGANJ, DISTT- BANKA. 33. PANCHANAND KUMAR, KSON OF LATE CHINTAMANI SINCH, RESIDENT OF VILLAGE- 3 ANGARU, P.O. PILAWA JHARAN, P.S. BAUNSI, DISTT- BANKA. 34. PANKAJ KUMAR, KSON OF LATE MANIKANT CHOUDHARY, RESIDENT OF VILL- ANAND SHALINI BANKA, P.O.+P.S.+DISTT-BANKA. 35. MD.TANWIR ASHRAF, SON OF LATE TAIYAV ALI ANSARI, RESIDENT OF VILLAGE- KATHAUN, P.O.+P.S. KATORIYA, DISTT-BANKA. 36. YOGESH KUMAR MANDAL, KSON OF LATE WAKIL MANDAL, RESIDENT OF VILL-MARHANI, PO MORAMA, P.S. RAJAUN, DISTT-BANKA. 37. NIRAJ NIKUNJ, SON OF LATE KUSHESWAR SAH, RESIDENT OF VILLAGE- PAIN, P.O. TILAKPUR, P.S. AKBARNAGAR, KDISTT- BHAGALPUR. 38. SADASHIV KUMAR SINGH, SON OF SHRI SUBODH NARAYAN SINGH, RESIDENT OF VILLAGE LAHORIYA, P.O. PAIR, P.S. DHORAIYA, DISTT=BANKA. 39. RAKESH KUMAR RAI, SON OF LATE UTTAM PRASAD RAI, RESIDENT OF VILLAGE, BADLACHAK, P.O. DHANKURIYA, P.S. FHUILIDUMAR, DISTT- BANKA. 40. RAVI RANJAN RISHI, SON OF LATE UPENDRA NARAYAN SINGH, RESIDENT OF VILLAGE- BAHADURPUR, P.S. ZERO MILE, DISTT- BHAGALP8UR. 41. PRABIN KUMAR VERMA, SON OF LATE GANESH KPRASAD SINGH, RESIDENT OF VILLAGE+P.O. BAIDHPUR, P.S. TARAPUR, DISTT-BANKA. 42. KUMARI RENU, DAUGHTER OF VIJAY KUMAR MANDAL, RESIDENT OF VILLAGE LAKSHMANIYA TOLA KARHWA, P.O.+P.S. NAWGACHHJIYA, DISTT- BHAGALPUR. ……………………………Petitioners. Versus 1. THE STATE OF BIHAR. 2. THE PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVT. OF BIHAR, PATNA. 3. THE DIRECTOR, PRIMARY EDUCATION, GOVT. OF BIHAR, PATNA. 4. THE REGIONAL DEPUTY DIRECTOR OF EDUCATION, BHAGALPUR DIVISION, BHAGALPUR. 5. THE DISTRICT SUPERINTENDENT OF EDUCATION, BANKA. 6. THE PRINCIPAL, PRIMARY TEACHERS TRAINING COLLEGE, BANKA, DISTRICT-BANKA. 7. THE BIHAR SCHOOL EXAMINATION BOARD, PATNA THROUGH ITS SECRETARY. 8. THE CHAIRMAN OF THE BIHAR SCHOOL EXAMINATION BOARD. 9. THE SECRETARY, BIHAR SCHOOL EXAMINATION BOARD, PATNA. ……………………RESPONDENTS. ----------- 4 5 23.09.2010 From the pleadings made in the writ application, it appears that 42 petitioners were sent for training in a Primary Teachers Training College, Banka under specific orders of the respondents. They completed the training, but were not allowed to appear in the examination held by the Board as subsequently respondents took a stand that the said College was not registered with the NCTE. Hence, they moved this Court. This Court directed the respondents to file counter affidavit and allow the petitioners to appear in the examination. That the respondents have allowed, but with a rider that their publication of result will be subject to orders passed in this case. This Court could not appreciate as to why rider was put and, therefore, directed the Director, Primary Education to file a comprehensive counter affidavit. He has filed an affidavit today. Along with the affidavit one order of this Court passed in CWJC No.2595 of 2009 on 27.08.2009 has been annexed. It has been clearly stated in the affidavit that the cases of the petitioners 5 are similar to the petitioners of the said case in which order for allowing the petitioners to appear in the examination and order for publication of their result was passed. Learned counsel for the respondents also submits that the same order may be passed in this case also. Now that the petitioners have been allowed to appear in the examination, in view of the stand of the Director, Primary Education himself, this writ application is allowed and the respondents are directed to publish the result of the petitioners of the examination in which they have already appeared. Arvind/ ( J. N. Singh, J.)