IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12147 of 2010 1. PANKAJ KUMAR S/O LATE JYOTISH PD. SAH R/O VILL.+P.O.- DANRA, P.S.- BANKA, DISTT.- BANKA 2. ARUN MANDAL S/O SHRI BANARSI MANDAL R/O VILL.- HARTORA, P.O.- NAWADA BAZAR, P.S.- RAJON, DISTT.- BANKA 3. JAY KRISHNA SHARMA S/O LATE RAM BHAJAN SHARMA R/O VILL.- NAGARDIH, P.O.- KUMARPUR, P.S.- FULLIDUMAR, DISTT.- BANKA 4. MANOJ KUMAR SINGH S/O LATE JANAK PD. SINGH R/O VILL.- CHANDADIH, P.O.- CHANDADIH, P.S.- DHORAIYA, DISTT.- BANKA 5. KUMAR AMARDEEP S/O LATE AVOY KUMAR SINGH R/O BIJOY BHAWAN, KATCHAHRI COMPOUND, BANKA 6. PRADEEP KUMAR JHA S/O LATE ARJUN JHA 'SNEHI' R/O MOHALLA- ANAND COLONY, P.O.+P.S.+DISTT.- BANKA 7. RANA RANJAN SINGH S/O SRI TARA NAND SINGH AT+P.O.- PAKARIA, P.S.- SHAMBHARGANJ, DISTT.- BANKA 8. MUKESH KUMAR S/O LATE VISHWANATH JHA R/O VILL.- SHAHABAD, P.O.- GANGAPUR, P.S.- SULTANGANJ, DISTT.- BHAGALPUR 9. MADAN KUMAR S/O SHYAM LAL SINGH R/O VILL.- PACHGACHHIA, TOLA- KADAWA, P.O.- KHAIRPUR KADAWA, P.S.- NAUGACHHIA, DISTT.- BHAGALPUR 10. DIPAK KUMAR SINGH S/O LATE SAHDEO PD. SINGH R/O VILL.- BANSHIPUR, P.O.- CHATMADIH, P.S.- SHAMBHUGANJ, DISTT.- BANKA 11. MANIK KUMAR MISHRA S/O SHRI SUDHANSHU BHUSHAN MISHRA R/O VILL.+P.O.- DUMRAYA, DISTT.- BANKA, (ANCHAL- AMARPUR) 12. RAVI SHANKAR CHOUBEY S/O LATE RAMESHWAR CHOUBEY RESIDENT + P.O.- BHADARIA, P.S.- AMARPUR, DISTT.- BANKA 13. SUDHIR CHANDRA PANDIT S/O LATE FEKU PANDIT R/O VILL.- BANDHA, P.O.- KERWAR, P.S.- KATORIA, DISTT.- BANKA AT PRESENT POSTED AS ASST. TEACHER, P.S.- ASNAHA, ANCHAL+P.S.- KATORIA, DISTT.- BANKA 14. SANT LAL BESRA S/O LATE MADHUSUDAN BESRA R/O VILL.- KUSUMDIH, P.S.- KATORIA, DISTT.- BANKA, AT PRESENT POSTED ON ASST. TEACHER, P.S.- KHAIRKHUTTI, ANCHAL & P.S.- KATORIA, DISTT.- BANKA Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY-CUM- THE COMMISSIONER, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVT. OF BIHAR, PATNA 2. THE DIRECTOR, PRIMARY EDUCATION DEPARTMENT, GOVT. OF BIHAR, PATNA 3. THE REGIONAL DEPUTY DIRECTOR OF EDUCATION, BHAGALPUR 4. THE DISTRICT SUPERINTENDENT OF EDUCATION, BANKA 5. THE PRINCIPAL, PRIMARY TEACHERS TRAINING COLLEGE, BANKA 6. THE BIHAR SCHOOL EXAMINATION BOARD, PATNA THROUGH IT'S SECRETARY 7. THE CHAIRMAN, BIHAR SCHOOL EXAMINATION BOARD, PATNA ----------- 2 For the Petitioners:- Mr. Sanjay Kumar Jha, Adv. For the Respondents:- Mr. Purnendy Singh, Adv. For the N.C.T.E.:- Mr. S.K. Ranjan, Adv. Mr. S.N. Pathak, Adv. --------------- 3. 3.9.2010 Heard learned counsel for the petitioners, for the State of Bihar and for the Bihar School Examination Board. The petitioners are said to be Assistant Teachers in Primary and Middle School in the District of Banka. They claimed to have been sent to the primary Teachers Training College at Banka by the order of the District Superintendent of Education, Banka. They are stated to have attended the Teachers Training course in the Session 2007-08. They are aggrieved by the failure of the respondent Board to hold an examination after completion of their course notwithstanding the request made by the District Superintendent of Education, Banka. It is submitted that Advertisement No. 27 of 2010 was published on 9.7.2010 for holding examination of the left over candidates for the Session 2007-09 on 20.8.2010 and 23.8.2010. The petitioners were not allowed by the respondent Board to participate. The relief sought therefore is for a direction to hold the examination. Strong reliance is placed on two interim orders of this Court in C.W.J.C. Nos. 11426 of 2009 and 13536 of 2010 (analogous cases) to seek similar relief. Counsel for the State is unable to make any 3 submission with regard to the status of the Primary Teachers Training College being a recognized Institution or not. Counsel for the respondent Board relies upon the order in C.W.J.C. No. 11426 of 2009 in which an objection had been taken by the Board with regard to the present institution itself that it was not recognized by the NCTE. The writ petition is completely silent on the status of recognition of the Primary Teachers Training College, Banka, though counsel for the petitioner did make a submission at the Bar that it is being run by the Government itself. That does not detract from the requirement for a statutory recognition under the NCTE. In view of the direction of the Supreme Court laid down in A.I.R. 2007 SC 458 (Sunil Oraon Vs. C.B.S.C.) holding at Paragraph-22 reads as follows:- “22. Time and again, therefore, this court had deprecated the practice of educational institution admitting the students without requisite recognition or affiliation. In all such cases the usual plea is the career of innocent children who have fallen in the hands of the mischievous designated school authorities. As the factual scenario delineated against goes to show the school has shown scant regards to the requirements for affiliation and as rightly highlighted by learned counsel for the CBSE, the infraction was of very serious nature. Through the ultimate victims are innocent students that cannot be a ground for granting relief to the appellant. Even after filing the undertakings the School non- 4 challantly continued the violations. This Court finds it difficult to issue any positive directions at this stage when the petitioner is unable to inform the recognition status of the institution and the Board denies any recognized status. Learned counsel for the petitioners submits that in view of the interim direction of the two earlier Benches they also may be permitted to appear at the ensuing examination. If the interim order dated 17.8.2010 in C.W.J.C. No. 11426 of 2009 has been accepted and complied by the Board, let it accord similar treatment to the petitioners. It is made clear that the present order is passed on principle of consistency with the past orders of this Court only for the purposes of sitting in the ensuing examination. It has no bearing on the issue of the publication of the results which shall necessary remain dependent on whether the institution is recognized or unrecognized. The writ application stands disposed. P. Kumar ( Navin Sinha, J.)