IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1406 of 2009 1. The State Of Bihar 2. The Commissioner cum Secretary, Human Resources Development, Govt. of Bihar, Patna 3. The Director, Research and Training Department of Human Resources Development, Govt. of Bihar, Patna Versus 1. Md.Aslam s/o Md. Hafizuddin, r/o village – Teghara, P.S & Block – Azamnagar, Katihar 2. Md. Mansoor Alam, s/o S.K. Amiruddin Ahmad r/o village – Alhanda (Khari) P.S. – Kadwe, Block – Kadwa, Katihar 3. Md. Kameluddin s/o S.k.Jaleluddin, r/o village Alhanda (Khari), P.S. Kadwe, Katihar 4. Md. Majibur Rahman, s/o Md. Samrul Haque, r/o village – Alhanda (Khari) P.S. Kadwe, Katihar 5. Md. Naushad Alam s/o Md. Masih, r/o Nasirganj, P.S. Kadwa, Katihair 6. Md. Majibur Rahman s/o S.K. Moquimuddin, r/o Baluganj, P.S. Kadwa, Katihar 7. Md. Aslam s/o S.K. Matlub Alam, r/o village – Kalidespur, P.S. Kadwa, Katihar 8. Md. Sabul Akhtar s/o Moula Bux, r/o village Bhaisbanda, P.S. Kadwa, Katihar 9. Md. Moquimuddin s/o Md. Abdul Sattar, r/o village Khuryal, P.S. Azamnagar, Katihar 10. Md. Imamul Haque s/o Md. Mohiuddin, r/o village Dhapra, P.S. Azamnagar, Katihar 11. Md. Masoon Alam, s/o Mahfooz Hussain, r/o village Alhandra (Khari), P.S. Kadwa, Katihar 12. Md. Anwar Alam s/o Md. Aisuddin r/o village Koojibana, P.S. Kadwa, Katihar 13. Md. Zahid Hussain, s/o Abdul Mazid, r/o Salmari, P.S. Azamnagar, Katihar 14. Md. Mazhrul Haque s/o S.K.Kamirruddin, r/o Sihipur, V 15. Qazi Basit Ali s/o Qazi Hafizuddin, r/o village Shajana, P.S. Azamnagar, Katihar 16. Md. Abid Hussain, s/o Md. Yousuli Ali, r/o village Kaithie, P.S. Basantray, Godda 17. Babu Lal Sah s/I Sri Gaibi Pd. Sah, r/o village – Bochahi, P.S. Gopalpur, Bhagalpur 18. Amrendra Kumar s/o Bishnze Mandal, r/o village Naw Tolia, P.S. Gopalpur, Bhagalpur ……. Petitioners/respondents 1st Set 2 19. The Director, Primary Education, Human Resources Development, Govt. of Bihar, Patna 20. The District Magistrate, Katihar 21. The District Superintendent of Education, Katihar 22. The District Education Officer, Katihar 23. The Sub-divisional Education Officer, Katihar 24. The District Superintendent of Education, Bhagalpur 25. The District Education Officer, Bhagalpur 26. The Sub-divisional Education Officer, Bhagalpur 27. The District Superintendent of Education, Patna 28. The District Education Officer, Patna 29. The Sub-divisional Education Officer, Patna 30. The Secretary, Millia Sir Saiyed Teachers Training College, Rambagh, Purnea. ----------- 4 23/4/2010 Though this matter was listed for orders, yet on consent of learned counsel for the parties, it is finally heard. Heard Mr. Dhananjay Kumar, learned counsel for the appellants, and Mr. Md. Qumrula Hoda, learned counsel for the respondents. The present intra-court appeal is directed against the order dated 3.7.2009 passed by the learned Single Judge in CWJC. No.2323 of 2009. The facts of the case lie in a narrow compass. The respondents prosecuted the training course in Millia Sir Saiyed Teachers Training College, Rambagh, Purnea in academic sessions 1983-85, 1984-86, 1985-87, 1986-88 and 1988-90. It is not disputed that they had undertaken the 3 examination for Primary Teachers Training Course in the year 1993 and their results were published in the year 1993 itself. The State Government issued a memo no.334 dated 24.11.2000, contained in Annexure -4 to the writ petition, whereby the Director, Research and Training Department of Human Resources, Government of Bihar, Patna cancelled the recognition of Millia Sir Saiyed Teachers Training College, Rambagh, Purnea with retrospective effect. The students whose results were published in 1993, their results were also cancelled. The learned Single Judge while dealing with the controversy has held as under: “In all these three writ applications it has been held that the recognition cannot be cancelled or withdrawn with retrospective effect as the right has accrued to the students and others on account of their passing the B.Ed. examination from said college and such right cannot be taken away by passing orders having retrospective effect. Petitioners’ case is fully covered by all these three judgments passed in connection with this institution from which petitioners have completed their teachers’ training course.” We have referred to the said paragraph as learned counsel for the State submitted that that could not have been adverted to when the Colleges have not challenged the order. In view of aforesaid, we think it apt to hold that 4 the respondents who have undertaken the examination held prior to 1993 and whose results were published in 1993, their results could not have been cancelled in the year, 2000. As far as finding of the learned Single Judge in respect of the institutions is concerned, the same is set aside as the colleges have not approached this court. The said issue is kept open. The letters patent appeal is allowed to the extent indicated hereinabove. There shall be no order as to costs. Neyaz/ ( Dipak Misra, CJ.) (Mihir Kumar Jha, J.)