IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10127 of 2008 PRABHUNATH SINGH(MANTRIJI) Physical Training College and Yoga Sansthan, Sandha (Chapra) through its Secretary, Geeta Kuar, W/o late Brij Bihari Kuar, resident of village Umanagar, MOh. Sandha, P.S. Chapra Mufassil, Dist. Saran. --------------Petitioner. Versus 1.THE STATE OF BIHAR through the Director Cum Deputy Secretary Department of Youth Services, Govt. of Bihar, Patna. 2.Bihar School Examination Board having its office at Sinha Library Road, P.S. Kotwali, town and Distt. Patna, through its Secretary. 3.D.S.C. Sararatchupra. -----------------------Respondents. with CWJC No.10673 of 2008 1.JITENDRA TIWARI son of Raj kishore Tiwari, resident of village Mathia, P.S. Vijayipur, District Gopalganj. 2.Krishnadeo Mishra S/o Shri Brinda Mishra, resident of village Jigana Pandit, P.S. Bhorey, District Gopalganj. 3.Basudeo Choudhary, son of Sudit Chaudhary @ Sudita Chaudhary, resident of village Bishunpura, P.S. Vijayipur, District Gopalganj. 4.Rajni Sharma, daughter of Mahesh Sharma, resident of village Sadhanapuri, P.S. Chapra, Town, district Saran Chapra,. 5.Gopal Prasad Rai s/o Rajshiri Rai, resident of Mohalla Shyamchak, P.S. Bhagwan Bazar, District Saran. 6.Sushil Kumar Singh, son of Shri Jagarnath resident of village Deoriya, pachpatia, P.S. Awtar Nagar, District Saran. 7.Dhrupdeo Singh s/o Late Vikrama Singh, resident of village Rupan Chhap P.S. Barauli, District Gopalganj. 8.Ashok kumar Singh, s/o Baidhyanath Singh, resident of village Deoria, p.S. Awtarnagar, District Saran. 9.Ramji Sisngh, son of Raj Narayan Singh, resident of village Deori, P.S. Awtar nagar, District Saran. 10.Mithileshwar Kumar Singh, son of baidhya Nath Singh, resident of village Deoriya, p.S. Awtar Nagar, District Saran. 2 11.Kishore Kumar Singh, s/o Kedarnath Singh, resident of village Fakuli, p.S. Chapra mufassil, District Saran. 12.Vijay Bahadur Shahi, s/o late Shankar Shahi, resident of village-Ahiyapur, p.S. Vijayipur, District Gopalganj. 13.Daya Shankar Mishra s/o Chandra Shekhar Mishra, resident of village Fakuli, p.S. Chapra Mufasil, District Saran. 14.Rana Pratap Singh, s/o Shri Shila Nath Singh, resident of village Bishunpura, P.S. Chapra Mufassil, Dist. Saran. 15.Chandeshwar Rai s/o Shri Ram Nagina Rai, resident of village Bisunpura, P.S. Dighwara, District Saran. 16.Mithilesh Kumar Singh s/o Ram Kewal Singh, resident of village Bishunpura, P.s. Chapra Mufassil, District Saran (Chapra). 17.Satyendra Narain Singh, s/o Dahari Singh, resident of village Umadha, P.S. Chapra Mufassil, District Saran (Chapra). 18.Satyendra Kumar Singh s/o Rashbihari Singh, resident of village Vishunpura, P.S. Chapra, Mufasil, Distt. Saran Chapra. 19. Krishna Singh S/o Jairam Singh, resident of village Maadha, P.S. Chapra Mufasil, District Saran (Chapra). 20.Mohan Lal Giri, s/o Chhabila Giri, resident of village Sadipur, P.S. Gporeya Kothi, District Siwan. 21.Sudama Jee, s/o Late Saryu Sah resident of mohalla Dahiyawa siya Masjid, P.S. Chapra Town, Saran (Chapra). 22.Rita Sinha, d/o late Ram Nagina Prasad, resident of mohalla Dahiyawan, P.S. Chapra Town, Dist. Saran. 23.Bibha Nikhil D/o Swaminath Prasad, resident of Mohalla Daulat Ganj, P.S. Bhagwan Bazar, Dist. Saran at Chapra. 24.Ajay Kumar Singh s/o Sri Ramjee Singh, resident of village Sheikhpura Dih, P.S. Amnour, District Saran (Chapra). -------------------------------Petitioners. Versus 1.THE STATE OF BIHAR through Secretary Arts Culture and Youth Department Government of Bihar, Patna. 2.Director Cum Deputy Secretary, Arts Culture and Youth Department, Government of Bihar, Patna. 3 3.The Bihar School Examination Board, patna through its Secretary, at Sinha Library Road, P.S. Kotwali, District patna. 4.The Secretary, Bihar School Examination board, Patna, Sinha Library Road, P.S. Kotwali, District patna. 5.Joint Secretary, Arts Culture and Youth Department, Government of Bihar, Patna. ------------Respondents. with CWJC No.1525 of 2010 RAM AKHITYAR SINGH S/O SRI SHYAM NARAYAN SINGH R/O VILL- SADHPUR, CHATTER, P.S DAUDPUR, DISTT- SARAN AT CHAPRA. ---------------------------Petitioner. Versus 1. THE STATE OF BIHAR THROUGH DIRECTOR- CUM-YOUTH SERVICES, GOVT. OF BIHAR, PATNA 2. BIHAR SCHOOL EXAMINATION BOARD HAVING ITS OFFICE AT SINHA LIBRARY ROAD, P.S- KOTWALI TOWN AND DISTT- PATNA, THROUGH ITS SECRETARY 3. THE DISTRICT SUPERINTENDENT OF EDUCATION, SARAN, CHAPRA. ------Respondents. ----------- For the petitioner: Mr. Yogendr Mishra, Advocate. For the Respondents: Mr. Syed Arshad Alam, Adv. & Mr. Gautam Kumar Yadav, Adv. ------ PRESENT- THE HON’BLE THE CHIEF JUSTICE THE HON’BLE MR. JUSTICE MIHIR KUMAR JHA ORDER (12.04.2010) As per Mihir Kumar Jha, J. Heard counsel for the parties. (2)All these three writ petitions have been referred to the Division Bench by the learned Single 4 Judge by his order dated 10.3.2010 without framing of any specific question for reference. In fact, from the order dated 10.3.2010 we would also find that there is nothing on record to show that the learned Single Judge had found two conflicting judgments requiring its authentative pronouncement by the Division Bench. In a normal circumstance we could have referred the matter back to the learned Single Judge to decide all these three writ petitions on merits, but considering the limited nature of controversy and an inter party judgment between the parties, we would dispose of these three writ petitions in order to give finality to the dispute of more than two decades. (3)In all these three writ petitions the petitioners have assailed the press communiqué issued by the Bihar School Examination Board (hereinafter referred to as „the Board‟) BIGYAPATI No.12/2008, whereby and whereunder, the Board has cancelled the original certificates of 1989 examination of C.P.Ed/D.P.Ed. of the petitioners and other students of Prabhunath Singh (Mantriji) Physical Training College 5 and Yoga Sansthan, Dahiyama, Sandha (Chapra) by proclaiming that such certificates were wrongly issued by the Board in violation of the order of this Court dated 21.5.1999 in C.W.J.C. No.5520 of 1989 and C.W.J.C. No.1882 of 1994. (4)The facts giving rise to these three writ petitions, in fact, lie in a narrow compass. The petitioners claim that they had taken admission in the aforementioned Prabhunath Singh (Mantrijee) Physical Training College and Yoga Sansthan and having successfully completed their course of C.P.Ed. and D.P.Ed in the different Sessions 1982-83 and 1985-86 had also appeared in the examination conducted by the Board in the year 1989 and their result was also published in the year 1993, but their such result was cancelled on 25.1.1994. (5)At that stage C.W.J.C. No.1882 of 1994 was filed by Braj Bihar Kuar, Secretary of the Managing Committee of the Institution along with the Institution itself which was disposed of by giving the following directions:- “Accordingly, I direct the Director- Cum-Deputy Secretary, Youth Services, Bihar, 6 Patna to enquire about the number of students admitted in the petitioner‟s institution for the aforesaid four sessions and as to whether they have gone training and were eligible for appearing in the examination or not. The Director on completion of the enquiry will prepare a list of students who were regular students and have gone training for the required period and will send their names to the Bihar School Examination Board and if those students are amongst those 515 students who have appeared in the examination then their results shall be published. The rest of the students whose name do not find place in the list of the Director shall not be published. The enquiry is to be concluded by the Director within two months from the date of receipt/production of this order and thereafter he will send the list within fifteen days to the Board and the Board will take a final decision within a month. If the relevant documents are not furnished by the petitioner within the aforesaid period before the Director in connection with the enquiry then the result of the petitioner‟s students shall not be published.” (6)It is the case of the petitioners that pursuant to the aforementioned direction the State Government had got an enquiry conducted through a three man committee headed by one Munshi Paswan, Principal of RAJKIYA SWASTH AWAM SHARIRIK SHIKSHAN AWAM PRASHIKSHAN MAHAVIDAYALAYA, PATNA vide letter No.5 dated 18.9.2001 which was also subsequently given a reminder on 15.10.2001 to submit his report within a period of fifteen days. The petitioners claim that the aforesaid Munshi Paswan had submitted his report vide his letter dated 24.10.2001, wherein he 7 had forwarded a list of 515 examinees who were found to have validly prosecuted their studies in the said Institute. Such report is Annexure-2 to C.W.J.C. No.1525 of 2010. The petitioners in all these three writ petitions claim that on receipt of the report the Board had declared their result again and issued certificates and marks sheet, specimen copy thereof have been enclosed in all the three writ petitions. (7)It is further case of the petitioners that on the basis of such certificates they had also applied for being employed as a teacher under the Government of Bihar and they were appointed by treating them to have passed their training examination of C.P.Ed/D.P.Ed. courses. The grievance of the petitioners of these three writ petitions is that after they had entered in the employment of State of Bihar, the impugned press communiqué was issued by the Board cancelling their certificates, as a result whereof their appointments on the post of teacher were also cancelled and on the basis of which steps for cancellation of their appointment and in some cases even order of termination of their services 8 were passed declaring them to have not possessed the requisite qualification for the post of teacher. (8)Mr. Rajendra Prasad Singh, learned Senior counsel appearing on behalf of the petitioner in C.W.J.C. No.1525 of 2010, Mr. Yogendra Mishra, learned counsel appearing for the Institution in C.W.J.C. No.10127 of 2008 and Mr. Janardan Prasad Singh appearing on behalf of the petitioner in C.W.J.C. No.10673 of 2008 have submitted that the impugned press communiqué issued by the Board is wholly unsustainable both on facts and in law, inasmuch as, once the result for the students of the Institution were declared and they were also given individual certificates and marks sheet, it was not open for the Board to cancel their certificates which in fact has led to their termination of service. It has been submitted that once it is undisputed that the petitioners of C.W.J.C. No. 10673 of 2008 and C.W.J.C. No.1525 of 2010 were found to be genuine students in the report of Sri Munshi Paswan, forwarding the list of 515 valid students, it was also acted upon by the Board by declaring their result and/or issuing certificates and marks sheet the same 9 could not have been cancelled without following the principles of natural justice. Counsels have also submitted that there can be no element of fraud on their part, inasmuch as, it is not denied that the petitioners had also taken admission while the Institute had conditional recognition and they had also completed their courses whereafter they were issued admit cards by the Bihar School Examination Board and were also allowed to appear in the examination and their result was eventually declared in terms of order of this Court dated 21.5.1999 in C.W.J.C. No.1882 of 1994. (9)Mr. Lalit Kishore, learned Additional Advocate General as also Mr. Sayed Arshad Alam with other counsels of the Board in these cases have, however, taken a stand that as a matter of fact the report of Sri Munshi Paswan, Principal and Deputy Director of the Government was incomplete and therefore even if the Board had declared the result as also issued certificates and marks sheet of the petitioners and other examinees of the Institution declaring them to have passed in 1989 examination, the same was fit to be cancelled because in 10 the ultimate analysis it was discovered that the petitioners and others had not been genuine and valid students of the Institution. (10)In this context attention of this Court was invited to the counter affidavit filed in C.W.J.C. No.10127 of 2008 and C.W.J.C. No.10673 of 2008 wherein the State Government by letter dated 14.8.2007 had intimated to the Secretary of the Board that in course of enquiry undertaken in compliance of order of this Court dated 22.5.1999, it was found from the enquiry report of the departmental enquiry committee as also from the separate report of the Collector of Chapra district that the management of the Institution had not submitted the relevant papers. In absence whereof the validity and legality of such students of the Institution could not be determined and in such a situation the declaration of result of the disputed examinees by the Board was unjustified. (11)In the considered opinion of this Court, the Institution, Government and the Board are bound by the inter party order dated 22.5.1999 and if result of the 11 petitioners was declared by the Board as also original certificates were issued to them as is admitted in the Government letter dated 14.8.2007 (Annexure-17 of C.W.J.C. No.10673 of 2008), BIGYAPTI NO.12 of 2008 of the Board, it would be too late for the day to justify action of the Board. (12)This Court, while taking the aforesaid view, is of the considered opinion that whatever disputes that may have been as with regard to validity of the students of the Institution, the facts remain that the Institution had conditional recognition of the State Government for the academic Sessions 1982-83 to 1986- 87 and there is no dispute in view of report of Sri Munshi Paswan, the Deputy Director of the State Government dated 24.10.2001 submitted to the Secretary of the Bihar School Examination Board, that the petitioners were also found to have validly undergone such course and appeared in the examination. It is not the case of the Board that the petitioners had not appeared in the examination and yet had obtained their results, certificates and marks sheet by committing any forgery 12 and/or fraud. (13)In that view of the matter, it would be really harsh for the petitioners to be now deprived from the benefits of such certificates and marks sheet especially when well before issuance of the impugned press communiqué of the Board they had also obtained employment on the basis of such certificates. (14)This Court also cannot ignore the fact that there is already a direction of this Court in the order dated 22.5.1999 of the writ application filed by the Institution for declaration of such result and if therefore the Board being party to the said order had accepted the report of Sri Munshi Paswan, the Deputy Director of the State Government and issued also the original certificate and marks sheet in the year, 2006, it cannot now turn around and take a plea that its such action of declaration of result and/or issuance of original certificates and marks sheet of the petitioners was an inadvertent error. (15)It has to be noted that even though the Board in its counter affidavit filed in C.W.J.C. No.10127 of 2008 had tried to make out a case that on receipt of 13 order of the Government holding declaration of result of the petitioners to be unjustified, it had taken a decision to hold an enquiry to find out the complicity of the officials of the Board who were responsible for declaring such result of the examinees of the Institution. The net result of such enquiry was reduced to finding out the involvement of only one person in the Board who too is said to have dead. Thus, it is quite clear that the Board also could not fix the responsibility for the alleged illegal declaration of result of the petitioners and/or issuance of original certificates and marks sheet. (16)For the aforesaid reasons, we would hold that those of the petitioners whose results were declared by the Board in pursuance of the direction of this Court in the order dated 22.5.2009 in C.W.J.C. No.1882 of 1994 and who have been issued original certificates by the competent officer of the Board, would be deemed to have passed their 1989 examination from the Institute. This Court, however, would limit such relief only in the case of the petitioners and that too by directing them to produce their original certificates before the competent 14 officer of the Board within a period of three months from the date of receipt/production of a copy of this order and if it is found that such certificates/marks sheet of the petitioners were valid and genuine, the Board will issue consequential corrigendum as with regard to recalling of the order of cancellation of such certificates. (17)With the aforementioned observations and directions these applications are disposed of. (18)There would be, however, no order as to costs. (Dipak Misra, C.J.) (Mihir Kumar Jha, J.) Patna High Court, The 12th April, 2010. Abhay Kumar/NAFR