IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1507 of 2011 In Civil Writ Jurisdiction Case No. 2722 of 2009 With Interlocutory Application No. 7156 of 2011 In Letters Patent Appeal No.1507 of 2011 ====================================================== 1. Kumari Ragini @ Ragini Kumari D/O Shri Hahendra Pd. Singh, W/O Shri Arun Kumar Sharma Resident Of Mohalla-Chandmari, P.O. & P.S.- Motihari, District-East Champaran. 2. Nilam Sinha D/O Shri Harendra Pd. Singh, W/O Shri Suresh Pd. Singh Resident Of Village-Gahilo, P.O.-Jaitpur Estate, P.S.-Saraiya, District- Muzaffarpur. .... .... Appellant/s Versus 1. The State Of Bihar through the Principal Secretary, H.R.D. Department, Bihar, Patna. 2. The Bihar School Examination Board through its Secretary, Bihar, Patna. 3. The Chairman, Bihar School Examination Board, Patna. 4. The Secretary, Bihar School Examination Board, Patna. 5. The District Education Officer, Siwan. 6. The Principal, Bhagwan Budha Primary Teacher's Training College Baijrahiya, District-Siwan. .... .... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Bankey Bihari Singh and Mr. Sanjay Kumar, Advocates. For the Respondent Nos.1 to 5: Mr. Uday Shankar Singh, A. C. to G.A. 2 For respondent- Bihar School Examination Board : Mr. Girijesh Kumar, Advocate. ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) Patna High Court LPA No.1507 of 2011 (2) dt.17-10-2011 2 / 5 2 2 17-10-2011 Interlocutory Application No. 7156 of 2011: The delay of 8 days occurred in filing the present Letters Patent Appeal is condoned. Interlocutory application stands disposed of. L.P.A. No. 1507 of 2011 Feeling aggrieved by the judgment and order dated 15th July 2011 passed by the learned single Judge in above C.W.J.C. No. 2722 of 2009, the writ petitioners have preferred this Appeal under Clause 10 of the Letters Patent. The appellants claimed that they had secured admission to Bhagwan Budha Primary Teachers Training College, Baijrahi, District Siwan (hereinafter referred to as the “College”) for the academic Sessions 1985-87 and 1986-88 respectively. Pursuant to their admissions in the College and undergoing two years’ course of training, they were issued Admit-card and were allowed to take examination conducted by the Bihar School Examination Board (hereinafter referred to as the “Board”). Nevertheless the Board did not declare the results of more than 100 examinees. The result of the excess examinees including the appellants was not declared. Feeling aggrieved by the action of the Board in not declaring the results of the concerned students the aforesaid Bhagwan Budh Primary Teacher’s Education College, Bajrahia, approached this Court in C.W.J.C. No. 5381 of 2004 under Article 226 of the Patna High Court LPA No.1507 of 2011 (2) dt.17-10-2011 3 / 5 3 Constitution of India. This Court by its judgment dated 22nd August 2006 [2006(4) PLJR 311] allowed the writ petition and directed the Board to publish the results. Pursuant to the aforesaid direction the result of the concerned students including the appellants was declared. However, the appellants were not issued the certificate. Feeling aggrieved, the appellants filed C.W.J.C. No. 14155 of 2008 under Article 226 of the Constitution. The said writ petition was allowed on 11th November 2008 to the extent that this Court allowed the Board to make enquiry into alleged fraud in exercise of power conferred by Regulations 18 and 19 and the Court directed the Board to take decision afresh. Pursuant to the said direction the matter was considered afresh and it was decided not to issue certificates to the appellants. The appellants, therefore, filed above C.W.J.C No. 2722 of 2009 under Article 226 of the Constitution of India for a direction to the Board to issue certificates to the appellants. The said writ petition has been dismissed by the learned single Judge. Therefore, the present Appeal. Learned advocate Mr. Bankey Bihari Singh has appeared for the appellants. He has submitted that once the appellants were issued Admit-card and were allowed to take examination, the Board was obliged to issue certificate. In support thereof he has Patna High Court LPA No.1507 of 2011 (2) dt.17-10-2011 4 / 5 4 relied upon the judgment of the Hon’ble Supreme Court in the matter of Shri Krishna v. The Kurukshetra University, Kurukshetra [A.I.R. 1976 SC 376]. In the said matter result of the concerned student, the appellant, was withheld by the University on the ground that he had not attended the course. The Hon’ble Supreme Court while considering the relevant statutes held that the required routine had to be made before issuing Admit-card to the student. Once the Admit-card was issued and student took the examination, the result could not be withheld on the premise that he had not attended the course or that he did not have the adequate presence. In our view, the decision rendered in the aforesaid judgment shall have no applicability in the present case. The facts of the present case are quite distinguishable. The set of rules that govern the University and the one that govern the Board are not identical or similar. The appellants have been denied certificate for the course they allegedly attended was not recognized. We have perused the aforesaid judgment in the matter of Managing Committee of Bhagwan Budh Primary Teacher’s Education College, Bajrahia vs. The State of Bihar & Ors. [2006(4) PLJR 311] and the judgment rendered in C.W.J.C. No. 14155 of 2008. It is apparent that at the relevant time i.e., during the academic Sessions 1985-87 and 1986-88 the College was not Patna High Court LPA No.1507 of 2011 (2) dt.17-10-2011 5 / 5 5 recognized. Besides upon enquiry, the Board has declared that the appellants were not enrolled as students in the College nor was there any evidence of their attendance in the college. Thus, not only the College was not recognized; the appellants do not seem to have secured admission or attended the course as claimed. In above circumstances, we are of the opinion that the appellants could not have been legitimately allowed to take examination. Even if they took the examination, the same did not confer right upon the appellants to the result or to the certificate. Moreover, the appellants never challenged the action of the Board in not declaring the results. The appellants having allegedly attended the course of 1985-88 Sessions; having taken the examination in 1991; are now well past the age of public employment. In view of the passage of time also the appellants are not entitled to the certificate as claimed. For the aforesaid reasons we see no merit in this Appeal. Appeal is dismissed in limine. BTiwary/- (R.M. Doshit, CJ) (Birendra Prasad Verma, J)