IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.550 of 2008 THE BIHAR SCHOOL EXAM.BOARD &ANR. Versus BHAGWAN BUDHA PRATHMIK TEACHERS TRAINING COLLEGE & ORS. ----------- For the appellant: Mr. Lalit Kishore, AAG – III Mr. Satyabir Bharti, JC For the respondents : None P R E S E N T Hon'ble the Chief Justice And Hon'ble Mr. Justice Kishore K. Mandal --- Dated, the 22nd August, 2008 The letters patent appeal suffers from delay of 29 days. For condonation thereof, an application (IA. No.4325 of 2008) has been made. 2. Even if we condone the delay in filing the appeal, and that we do, we find that the appeal does not deserve to be admitted. 3. Mr. Lalit Kishore, AAG – III does not dispute that in the writ petition (CWJC. No.5084 of 1990; Bhagwan Budha Primary Teachers’ Training College vs. The State of Bihar & Ors.), this court on 13th November, 1990 directed that the students of the institution may be permitted to appear in Primary Teachers Training Examination. He also does not dispute that by the said order, it was clarified that the result shall not be published until the question of 2 recognition of the institution is finally decided by the State government. The Additional Advocate General – III also does not dispute that the matter of recognition of the institution (Bhagwan Budh Primary Teachers’ Training College) remained pending for about 17 years and now by the order dated 16th March, 2007, the State government has accorded recognition to the institution for the relevant period. If that be so, the consideration of the matter by the single judge cannot be faulted. 4. We may refer to the order dated 13th November, 1990, whereby the Division Bench of this court considered the matter thus: “There is no reason not to extend these directions in so far as this case is concerned. We, accordingly, direct the respondent authorities to finally decide one way or the other the question of recognition of this institution. This is to be done within the time frame fixed by the Supreme Court, that is to say, the concerned authorities must appoint the inspecting committee, have the institution inspected and take a decision in regard to the grant and refusal of the recognition within three months and should also communicate to the petitioner the decision within the same period. We further direct that if the Board is so satisfied as to the bona fides and genuineness of the claims of the students it shall allow the students of the petitioner institution for the sessions 1987-89 and 1988- 90 to appear in the ensuing Primary Teachers’ Training examination and shall accept the fees and forms duly submitted on their behalf. The Secretary of the college must, within 10 days of this order, submit the full particulars of the students who would appear in the examination ( not exceeding 100 for each sessions). The particulars must include their names, parentage and addresses and must be in the form of a photo state copy from the admission register of 3 the college or any other register maintained in the ordinary course of business. The students appearing in the examination by virtue of this order shall do so at their own risk and no right shall ensure to them merely on that basis. Their result shall not be published until the question of recognition of their institution is finally decided by the State Government. It is made clear that the publication of their results will 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.” 5. The order dated 16th March, 2007 has been placed on record along with the writ petition at Annexure – 11. It indicates that the institution has been recognized for the period 1987 -89 to 1995. 6. The recognition having been granted for the aforesaid period, the relief granted by the single judge in the writ petition does not call for any interference by us. 7. Letters patent appeal is dismissed in limine. This disposes of IA. No.4325 of 2008 as well. R. M. Lodha, CJ. Kishore K. Mandal, J. Neyaz/-