IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4560 of 2007 1. Md.Adil Rashid, SON OF ABDUL RASHID, RESIDENT OF VILLAGE- JAHANGIRPUR BAISI, P.S. GUPALPUR, VIA NAUGACHIA, DISTRICT- BHAGALPUR. 2. MD. BASHER FARUQUE, SON OF MD. ABDUL GHAFOOR, RESIDENT OF VILLAGE- UZANI P.O. MANIA MORE, P.S. NAUGACHIA, DISTRICT-BHAGALPUR. 3. MD. EKRAMUL HAQUE, SON OF SK. KARAMAT ALI, RESIDENT OF VILLAGE- UZANI, P.O.- MANIA MORE, P.S. NAUGACHIA, DISTRICT- BHAGALPUR. 4. ZINAT AARA @ ZEENAT ARA, DAUGHTER OF DR. A. WAHAB, RESIDENT OF MODEL COLONY, P.O., P.S. AS ANANDPUR, DISTRICT- BHAGALPUR. 5. ZIANAB ARA, DAUGHTER OF DR. A. WAHAB, RESIDENT OF MODEL COLONY, P.O. AND P.S. AANANDPUR, DISTRICT- BHAGALPUR ;---PETITIONERS. Versus 1. The State Of Bihar, THROUGH THE CHIEF SECRETARY, GOVERNMENT OF BIHAR, PATNA. 2. THE SECRETARY CUM-COMMISSIONER, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, NEW SECRETARIAT, PATNA. 3. THE DIRECTOR, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, NEW SECRETARIAT, PATNA. 4. MAGADH UNIVERSITY THROUGH ITS REGISTRAR, BODH- GAYA. 5. THE VICE CHANCELLOR, MAGADH UNIVERSITY, BODH GAYA. 6. SOGHRA COLLEGE OF EDUCATION, BIHARSHARIF, NALANDA THROUGH ITS SECRETARY :---RESPONDENTS. ---------------------------------- For the petitioners :- M/S Satish Chandra Mishra, M.Z. Quawar, Manish Kumar, Md. Nurul Hoda, Advocates. For the State :- Mr. D.K.Sinha, A.A.G.-III. For the University :- Mr. Hansraj, Advocate. ======= 4. 24.10.2011. Heard learned counsel for the petitioners, A.A.G.-2 for the State as also the counsel for the University, who made submissions without taking any instruction from the authorities of the University. 2. Petitioners pursued their B.Ed. Course in Sogara College of Education, Biharsharif, Nalanda during 2 the Session 1985-86 in the light of the instruction of the College Inspector (Arts and Commerce) of the Magadh University, Bodhgaya dated 30.3.1987, Annexure-5 and passed B.Ed. Examination conducted by the Magadh University, Bodhgaya held in the month of March, 1990 vide mark-sheet and provisional certificate, Annexure-7, 8, 10, 11, 13, 15, 17. They have filed this writ petition, praying, inter alia, to direct the State-respondents to include Sogara College of Education, Biharsharif, Nalanda in Group A of Annexure-18, which is the list of the recognized Non-Government College(s) imparting B.Ed. education as according to the petitioners while considering the applicants for appointment on the post of Assistant Teacher only such candidates are considered who have prosecuted their B.Ed. Course in a Non-Governmental B.Ed. College included in Group A of list, Annexure-18. In support of the aforesaid prayer learned counsel for the petitioners also relied on the request of the College Inspector (Arts and Commerce) of the Magadh University, Bodhgaya dated 12.3.1987, Annexure-4, whereunder further request has been made to the Joint Secretary of the Education Department of the State Government to grant recognition to Sogara College of Education (B.Ed.), Biharsharif, Nalanda for three sessions from 1986-87. 3. Counsel for the State has opposed the aforesaid prayer and submitted that from the writ petition itself it will appear that petitioners have not applied for appointment on 3 the post of Assistant Teacher and until they make such request and their request is rejected, this Court should not entertain the writ petition. Further submission which has been made on behalf of the State with reference to Annexures 4, 5 is that thereunder the College Inspector of the Magadh University made request to the State Government as also to the Secretary/Principal of the College to grant recognition and permission to conduct B.Ed. Course in Sogara College of Education for three session from 1986-87 with intake of 100 students to prosecute B.Ed. course for five sessions i.e. 1981-82, 1982- 83, 1983-84, 1984-85, 19985-86. In the light of the aforesaid Annexures 4,5 it is submitted that on their strength if the petitioners have prosecuted B.Ed. Course in Sogara College and have appeared in the B.Ed. Examination conducted by the Magadh University in March, 1990, they are at liberty to seek relief from the authorities of the Sogara College and the Magadh University but not from the State Government. Petitioners with reference to the mark- sheet and the provisional certificate issued by the Magadh University cannot seek any direction from this Court upon the State Government to consider their case for appointment as Assistant Teacher for the reason that Sogara College was never allowed recognition by the State Government for the session during which petitioners prosecuted their B.Ed. studies in the said college. 4. Having heard counsel for the parties, I am of the 4 view that from the letter of the College Inspector addressed to the Secretary/Principal of the Sogara College of Education, Biharsharif, Nalanda dated 30.3.1987, Annexure-5 it is quite evident that petitioners prosecuted their B.Ed. course in the Sogara College as the College Inspector on instructions from his superior authorities of Magadh University asked the Secretary/Principal of the Sogara College to admit 100 students in the B.Ed. course for the year 1985-86. Petitioners being one of the 100 students who were allowed admission in the Sogara College pursuant to the instructions of the University, as is evident from letter dated 30.3.1987, Annexure-5 they appeared in the B.Ed. examination conducted by the Magadh University in March, 1990 and successfully passed the same which is evident from their mark-sheet appended with the writ petition. The genuineness of their candidature as a student of Sogara College of Education for the Session 1985-86 as also their B.Ed. mark-sheet after becoming successful in the B.Ed. Examination conducted by the Magadh University in March, 1990 having not been disputed and Magadh University, Bodhgaya having been established under the Act of Legislature of the State, in my opinion, the State Government is obliged to recognize the B.Ed. mark-sheet and the provisional certificate issued by the Magadh University to the petitioners as the same has been issued to the petitioners after they prosecuted their studies in Sogara College after Magadh University granted the College 5 permission to admit 100 students for the B.Ed. Course during the year 1985-86 and allowed those students to appear in the B.Ed. Examination conducted by the Magadh University in March 1990. Having allowed the students of the Sogara College Session 1985-86 to appear in the B.Ed. examination conducted by Magadh University in March 1990, in my opinion, the Sogara College is required to be included by the State authorities in the list of Non- Governmental Colleges, Group A, Annexure-18 for those sessions for which its students were allowed to appear in the B.Ed. University examination conducted by the Magadh University. Authorities of the State Government in my opinion should not ignore the mark-sheet and certificates issued by the University established under the Act of legislature of the State. 5. Accordingly, I direct the State-respondents to include Sogara College of Education, Biharsharif, Nalanda in Group A of Annexure-18 for the session 1985-86 and other sessions for which its students were allowed to appear in the B.Ed. examination conducted by the University. 6. The writ petition is, accordingly, allowed. P.K.P. (V.N.Sinha,J.)