IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14268 of 2009 1. SRI BISHUNDEO KAPARI HIGH SCHOOL KHAJURI, P.O. CHHATAR, P.S. SHAMBHUGANJ, DISTT.- BANKA THROUGH ITS SECRETARY SANTOSH KUMAR YADAV, S/O SRI BISHUNDEO YADAV, R/O VILL.- KHAJURI, P.O. CHHATAR, P.S. SHAMBHUGANJ, DISTT.- BANKA Versus 1. THE STATE OF BIHAR 2. REGIONAL DEPUTY DIRECTOR BHAGALPUR REGION, BHAGALPUR, BIHAR 3. DISTRICT EDUCATION OFFICER BANKA DISTT. BANKA 4. BIHAR SCHOOL EXAMINATION BOARD THROUGH ITS SECRETARY, PATNA, BIHAR ----------- 3. 04.01.2010 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel appearing on behalf of Bihar School Examination Board. The petitioner is aggrieved by issuance of only 180 OMR forms for the ensuing Secondary Board examination, 2010 to be held in March, 2010 as against its claim for acceptance of OMR forms of 600 students of the Institution. . The petitioner institution is stated to be a recognized non-aided private educational institution. The writ petition, the counter affidavit of the State of Bihar and the counter affidavit of the Respondent-Board are all unequivocally silent on the issue of the permissible intake capacity of students in the institution when recognition came to be granted. That it is recognized as a non- aided private institution does not appear to be in dispute. Its students are, therefore, required to appear through a recognized Government aided institution and no candidate who is not a genuine student of the petitioner institution can appear through the petitioner institution as outside/independent candidate. Counsel for the State and the Board have relied upon a fresh notification dated 19.5.2009 issued by the State of Bihar and in terms of which an institution like the petitioner cannot have 2 an intake capacity of more than 180 students. It appears that in earlier years, OMR forms for students of the petitioner institution have been issued far in excess of 180. There is no occasion for this Court to deal with the Government notification dated 19.5.2009 in the present proceedings except to hold that its application has to be prospective from the next academic sessions in the nature of controversy. The intake capacity of an institution is directly relevant as it co-relates to the quality of education imparted with teacher and student ratio being a vital input. These are issues to be determined by the authorities before the academic session commences. Unfortunately the counter affidavit of the official Respondents is completely lacking on these issues. The Respondents are, therefore, directed to consider issuance of OMR forms to the petitioner-institution in accordance with its claim of 600 students. While doing so the Respondents are equally directed to keep in mind the number of students in previous years from the petitioner-institution whose forms were accepted. The Respondents shall be at liberty to examine all applications submitted by the petitioner-institution so that the OMR forms are issued only for the genuine enrolled student of the petitioner- institution only. It is clarified that this order is limited to the present academic session only for the examination of March, 2010 in the nature of the controversy of subsequent promulgation of the Government notification dated 19.5.2009 which shall govern issues 3 accordingly from the next academic session. The writ application stands disposed. AKS/ (Navin Sinha, J.)