IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1479 of 2011 In Civil Writ Jurisdiction Case No. 282 of 2011 ====================================================== 1. Dr. Jakir Hussain Physical Teachers Training College, Pojhi-Parsa, Chapra, Saran (Bihar), through Its Secretary, Binod Kumar Ray, S/o Late Banshi Lal Ray, resident of Village-Kochwara, Police Station-Dariyapur, District-Saran. 2. Binod Kumar Ray, Secretary of College in question, S/o late Banshi Lal Ray, resident of Village-Kochwara, Police Station-Dariyapur, District- Saran. .... Appellants.... Appellants Versus 1. The State of Bihar through its Secretary-Cum-Commissioner, Art, Culture and Youth Affairs Department, Government of Bihar, Patna. 2. The Director, Art, Culture and Youth Affairs Department, Government of Bihar, Patna. 3. The Bihar School Examination Board, through its Secretary, Patna-17. 4. The Chairman, Bihar School Examination Board, Patna-17. 5. The Secretary, Bihar School Examination Board, Patna-17. .... Respondents.... Respondents ====================================================== Appearance : For the Appellants : Mr. Ranjan Kumar Singh, Advocate For the Respondents : Mr. S. Raza Ahmad, A.A.G.-9 For the University : Mr. Puskar Narayan Sahi, Sr. S.C.C.G. ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 2 19-10-2011 Feeling aggrieved by the order dated 21st June 2011 made by the learned single Judge in above C.W.J.C. No. 282 of 2011 the Patna High Court LPA No.1479 of 2011 (2) dt.19-10-2011 2 / 3 2 writ petitioner Dr. Jakir Hussain Physical Teachers Training College, Pojhi Parsa, Chapra Saran (hereinafter referred to as the “Training College”) has preferred this Appeal under Clause 10 of the Letters Patent. The Training college approached this Court under Article 226 of the Constitution for direction to the respondents State of Bihar and Bihar School Examination Board to grant recognition to the Training College for the academic session 1994-95 onwards and to hold examination for the academic session 1994- 1995. It is not the matter of dispute that the Training College was not recognized nor was it ever granted recognition. Besides, in view of long passage of time of more than 15 years neither of the aforesaid reliefs prayed for can be granted to the Training College. Learned single Judge has rightly dismissed the writ petition. No case for interference is made out. Appeal is dismissed in limine. We may also note that neither in the writ petition nor in the Appeal the Training College has disclosed how many students were admitted in 1994-95 course. Nor the names or other particulars of such students has been disclosed. We are unable to believe that the Training College has maintained track of the students allegedly admitted for the academic session 1994-95 or Patna High Court LPA No.1479 of 2011 (2) dt.19-10-2011 3 / 3 3 that such students are interested in taking examination now after more than 15 years. To us it appears to be a clear case of fraud upon the respondents through the instrumentality of the Court. In case the relief is granted; the students can be created and in turn the Training College can generate revenue. Such an attempt is not only deplorable, but has to be discouraged in every manner. We, therefore, impose a cost of Rs. 5,000/- (Rs. Five thousand) upon the appellant Dr. Jakir Hussain Physical Teachers Training College, Pojhi-Parsa, Chapra, Saran . The amount of cost will be paid in the Government treasury within three weeks from today. The compliance will be reported to us. BTiwary/Devendra/ (R.M. Doshit, CJ) (Birendra Prasad Verma, J)