IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7403 of 2004 MITHILESH KUMAR SINGH, SON OF SHRI RANVEER SINGH, ACTING PRINCIPAL, YAG MAYA AJABLAL SINGH COLLEGE, PARSANDOH, HAVELI KHARAGPUR, P.S. HAVELI KHARAGPUR, DISTRICT MUNGER. …..PETITIIONER. Versus 1. THE STATE OF BIHAR . 2. THE COMMISSIONER- CUM- SECRETARY, DEPARTMENT OF SECONDARY EDUCATION, BIHAR, NEW SECRETARIAT, PATNA. 3. THE BIHAR INTERMEDIATE3 COUNCIL THROUGH ITS SECRETARY, BUDH MARG, PATNA. 4. DIRECTOR FOR SECONDARY EDUCATION, DEPARTMENT OF SECONDARY EDUCATION,BUDH MARG, PATNA. …….RESPONDENTS. ----------- 12. 28.01.2011 It is stated that pursuant to earlier order a counter affidavit has been filed on behalf of the Principal Secretary, Human Resources Development Department, Government of Bihar, Patna. Let Office trace the same and place on record. A copy thereof was made available by the learned counsel for the State and has been perused. Earlier also counter affidavits have been filed. After hearing the parties and with their consent this writ petition is disposed of at this state itself. It appears, in 1983, Yog Maya Ajablal Singh College, was established on about 7.3 acres of land, and a Managing Committee was constituted. It initially was imparting Intermediate Level Education in Arts for which 2 permanent recognition / approval was granted by the Bihar Intermediate Education Council in 1991. The College decided to start science faculty as well, for imparting Intermediate Level Education in Science. Having made all arrangements, had deposited the requisite fee to the Intermediate Council. The Intermediate Counsel having examined the case of the petitioner, in 1994 had recommended to the State Government for granting affiliation to the petitioner’s institution in regard to Intermediate Level Science teaching. In anticipation of approval, since 1992 petitioner’s College started imparting studies, Intermediate Level in Science as well. The Intermediate Council, in the meantime, inspected the petitioner’s College and declared it Category -A. College in 1997. But, as is usual in the State, notwithstanding favourable recommendation having been made in 1994 and notwithstanding the students being taught and appearing in examinations for all these years the necessary formality to grant approval by the State remained pending. The effect of this is that when at each time the students of the 3 petitioner’s College have to appear in the final Intermediate Examinations conducted by the Intermediate Education Council/Board they have to individually pay substantial permission fee at about 250/- per student and they are treated as private student. Learned counsel appearing on behalf of the petitioner submitted that this writ petition was filed in the year 2004. A supplementary affidavit was then filed and bringing on record that colleges which had been established after petitioners’ College and in respect of whom, recommendation from the Intermediate Council/Board was made after petitioner’s College, and who were not even declared a Category’ A’ college, were given permanent recognition by the State, but for same curious reason, petitioner’s College was left out, for which there was no explanation. A counter affidavit is filed on behalf of the Bihar Intermediate Council wherein it is categorically admitted that Intermediate Council has repeatedly recommended the case of the petitioner for grant of recognition and approval 4 to the State, but, state did not bother to respond. None of the facts as pleaded by the petitioners are disputed nor contradicted. It is not disputed that petitioner’s institution has met all requirements. After long wait a counter affidavit was first filed by the State in the year 2010. All that the counter affidavit states is that the Bihar Intermediate Council Act 1992 (Bihar Act 26 of 1992) was repealed in the year 2007 by the Bihar Intermediate Council (repeal) Act 2007 and was effective from 19.4.2007. It is stated that now the Bihar School Examination Board is empowered to act in place of the Intermediate Council in order to implement the National policy of Education, 1986 as modified in 1992 for the 10+2+3 pattern of Education. In the counter affidavit, a rider is also stated. It is stated that the Bihar School Examination Board, hitherto was responsible for educational institutions up to Matriculation Level i.e. Secondary Level. But now to extend its area of operation to Intermediate level Senior Secondary Level Regulations have to be framed which are under process. Thus, we are back to square 5 one. The result is that the Bihar Intermediate Counsel Act 1992, under which State was obliged to act stood repealed in 2007 and the functions were transferred to the Bihar School Examination Board, but the Regulations for Bihar Examination Board in this regard remain yet to be framed. There is a void since 2007 and obviously the State is not keen in filing up the void because they are able to extract advantages at each level, because of the void, in the shape of permission fee and other charges which would not be payable if permanent recognition/affiliation was granted. The same is kept pending since 1994/95. This Court had directed that the Principal Secretary, Human Resources Development Department, should file a detailed counter affidavit which as noticed in the very beginning had been filed. That counter affidavit again only states that the Intermediate Education Council Act 1992 was repealed in the year 2007, but now Bihar School Examination Board (Amendment) Act 2010 has been passed, incorporating Intermediate Education in the charter Bihar School Examination Board. But 6 again in the very next line it is stated that to effectuate this transfer of jurisdiction Regulations are in the making. How long this regulation in the making would take is unclear. Having considered the matter, in my view as per the stand of the Principal Secretary, Human Resources Development Department, in his counter affidavit the Regulation is essential and in the making, Therefore, this court can only direct that the State should realizes its responsibility and act expeditiously to frame issue and enforce the Regulations in absence whereof a void and uncertainty continues, which is not legitimately helpful for any person. Let the Regulations be accordingly framed, issued and enforced within a period of three months from the date of production of a copy of this order before the Principal Secretary, Human Resources Development Department. In view of the facts, as noted above, and in view of the counter affidavit of the Bihar Intermediate Education Council that way back in the year 1994 and 1995 it had made favourable recommendation after due inspection 7 to the State Government in relation to the Science faculty of the petitioner’s College which has now remained pending with in the State Government, it is ordered that till a final decision is not taken by the State Government to grant approval/ recognition to the petitioner’s institution, no permission fee shall be charged by any authority from the students of the petitioner’s institution for appearing in Intermediate Science examinations. It is expected that the State which espouses the cause of education, would wake up to its responsibility and act expeditiously in the interest of the student’s community at large. With these observations and directions the writ petitions stand disposed of. Devendra/ ( Navaniti Prasad Singh, J.)