IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5074 of 2008 SATYENDRA KUMAR Versus THE STATE OF BIHAR & ORS ----------- For the Petitioner : Mr. Rajendra Sharma, Advocate For the B.S.E.Board: Mr. Sunil Kr. Mandal, Advocate For the N.C.T.E. : Mr.S.N.Pathak,S.C.C.G. For the State : Mr. Diwakar Yadav, J.C. to A.A.G.VI ------------ 02/ 31.07.2008 Heard learned counsel for the parties. Petitioner, who claims himself to be Secretary of the Students Union of Gautam Budha Primary Teachers Training College, Samastipur, has moved this Court for a direction to the Bihar School Examination Board to publish the result of the students, who appeared in the examination for the sessions 1986-88, 1987-89 and 1988-90. The contention of the learned counsel for the petitioner is that the students have appeared in the examination after issue of Admit Cards from the Board. But the Board has with-held their results. He submits that it is the legal duty of the Board to publish the results as per Clause-17 - 2 - of Chapter-V of the Bihar School Examination Board Regulations, 1964. In support of this contention, learned counsel for the petitioner has referred to an order of this Court passed in CWJC No.2806 of 2006 by a learned Single Judge, copy whereof has been annexed as Annexure-2 and another order passed in a batch of cases by another learned Single Judge dated 21.5.2007, copy whereof is annexed as Annexure-6. From these two orders it appears that only question before the learned Single Judge was that of with-holding of the result of the respective petitioners by the Board without any justifiable reasons and in those circumstances, the orders were passed by the respective learned Single Judges for publication of their results. It is apparent that the question of recognition or otherwise of the institution was neither raised by the learned counsel for the respondents in those cases and the same was not an issue at all before Court which passed orders as contained in Annexures-2 and 6. So far as the present case is - 3 - concerned, it has been specifically averred in paragraph-17 of the writ application that the question of publication of result is still pending on account of non- recognition/affiliation of the institution in question. From Annexure-1, it appears that the matter with regard to the present institution had come up before a Division Bench of this Court in CWJC No.5281 of 1990 and after threadbare examination of the matter this Court directed the Board to examine the claims of genuine students of sessions 1986-88, 1987-89 and 1988-90 and allow them to appear in the said examination under certain conditions as laid down in the last paragraph of the judgment. The last paragraph of the said judgment of the Division Bench is produced below for ready reference : “The students appearing in the communication (examination-?) by virtue of this order shall do so on their own risk and no right shall renew (accrue-?) to them merely on that basis. Their result shall not be published until the question of the recognition of this institution is finally decided by State Government one way or the other. It is made clear that the publication or their result will - 4 - abide by the final decision in the recognition matter, that is to say their result shall be published only in case recognition is accorded to the institution.” It is apparent from the observations quoted above that the Division Bench allowed the students to appear in the examination at their own risk and held that no right shall accrue to them on that basis. The Division Bench in so many words prohibited the Board from publishing the result until the question of recognition of the institution is finally decided by the State Government one way or the other and further observed that their results shall be published only in case recognition is accorded to the institution. Since the Division Bench was squarely dealing with a case of the present institution and had allowed the students of three sessions to appear in the examination at their own risk without giving them any right to get their results published by the Board till the recognition is accorded to the institution, the said order is binding on the students of those three sessions who appeared in the - 5 - examination by virtue of the said order of Division Bench and is binding on the institution also. There is no pleading in the writ petition that the question of recognition has been finally decided by the State Government and recognition has been granted to the institution. In the circumstances, said order of the Division Bench, which had dealt with the matter of this institution is strictly binding on the students of the institution who appeared in the examination of those three sessions. Learned counsel for the petitioner has also relied upon an order of another Division Bench dated 05.12.1991 passed in CWJC No.6612 of 1991. In that case relying upon an order of Division Bench, this Court directed that pending question of recognition before the State Government if the petitioners were allowed to appear in the examination, their results should be published. However the admission to the students were closed till the recognition was to decide by the State Government. Learned - 6 - counsel for the petitioner has also relied upon a decision of the Supreme Court reported in 1993 Supp (1) S.C.C. 436 in support of his submission and contends that while the matter of recognition is pending before the Government, if the students are allowed to fill up their forms and have been issued Admit Cards and have been allowed to appear in the examination, the respondents have a legal obligation liable to publish their results. I have perused the said orders. It is apparent that those two orders were issued in general terms. However, so far as students of this institution are concerned, they are squarely governed by the order of the Division Bench passed in the aforesaid CWJC No.5281 of 1990, a copy whereof is annexed as Annexure-1, which was in respect of that very institution. It is obvious that the students got their right to appear in the examination only on the basis of the said order of the Division Bench by which their appearance in the examination was made conditional, which will be apparent from the concluding passage - 7 - of the judgment quoted herein above. It was specifically stated in the judgment that their results shall not be published unless recognition to the institution is granted. Obviously, the right, which accrued to the students on the basis of the said order of the Division Bench, was subject to the condition laid down in the order itself. Unless the conditions laid down in the order are fulfilled, the students of those three sessions who were allowed to appear in the examination on the basis of said order have no right to get their results published in the light of the observations. As is apparent from the observations quoted above, the Board had no legal duty to publish their results until institution was granted recognition. In that view of the matter, this writ application is entirely misconceived and is accordingly dismissed. ( J. N. Singh, J. ) A.H. - 8 -