IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16100 of 2008 1. PRAFULL KUMAR SINGH, SON OF CHANDESHWARI PRASAD SINGH, RESIDENT OF NIRPUR, P.S. CHAUTHAM, DISTRICT – KHAGARIA. 2. DEVENDRA KUMAR SINGH, SON OF KALESHWAR PRASAD SINGH, RESIDENT OF VILLAGE – NIRPUR, P.O. CHAUTHAM, P.S. CHAUTHAM, DISTRICT – KHAGARIA. 3. AMIR CHANDRA SINGH, SON OF KAMALESHWAR SINGH, RESIDENT OF VILLAGE + P.O. NIRPUR, P.S. CHAUTHAM, DISTRICT – KHAGARIA. 4. RAM DHYAN YADAV, SON OF RAMAUTAR PRASAD YADAV, RESIDENT OF VILLAGE – MATHAR, P.S. NAYAGAON, DISTRICT – BEGUSARAI. 5. INDRADEO YADAV, SON OF RAMSWARUP YADAV, RESIDENT OF VILLAGE – MATHAR, P.S. NAYAGAON, DISTRICT –BEGUSARAI. 6. SIKENDRA YADAV, SON OF SHUKKAN YADAV, RESIDENT OF VILLAGE – MATHAR, P.O. CORGAMA, P.S. NAYAGAON, DISTRICT – BEGAUSARAI. 7. ASHOK YADAV, SON OF RAJENDRA PRASAD YADAV, RESIDENT OF VILLAGE – DARIYAPUR, P.S. DARIYARPUR, DISTRICT – BEGUSARAI. 8. ABUL KALAM AZAD, SON OF LATE MD, QSRALL, RESIDENT OF VILLAGE + P.O. SADPUR, P.S. SAHKANAL, DISTRICT – BEGUSARAI. 9. MD. NAQEEBUDDIN, SON OF LATE ALIMUDDIN, RESIDENT OF VILLAGE – SADPUR, P.S. SAHKAMAL, DISTRICT – BEGUSARAI. 10. KARM DEO PRASAD SINGH, SON OF SRI HABIRAN PRASAD SINGH, RESIDENT OF VILLAGE – SADPUR, P.S. SAHKAMAL, DISTRICT – BEGUSARAI. 11. AWADHESH KUMAR, SON OF JHAKSU PRASAD SINGH, RESIDENT OF VILLAGE – SADPUR, P.S. SAHKAMAL, DISTRICT –BEGUSARAI. 12. MD. SAHJAHAN, SON OF MD. GULAM RASUL, RESIDENT OF VILLAGE – SADPUR, P.S. SAHKAMAL, DISTRICT – BEGUSARAI. 13. MD. IYAZ, SON OF ABDUL AZIZ, RESIDENT OF VILLAGE – SADPUR, P.S. SAHKAMAL, DISTRICT –BEGUSARAI. 14. MD. RAFI ALAM, SON OF MD. BARKAT ALI, RESIDENT OF VILLAGE + P.O.SADPUR, P.S. SAHPUR KAMAL, DISTRICT – BEGUSARAI. 15. MAHENDRA NARAYAN SINGH, SON OF LAKHAN PRASAD SINGH, RESIDENT OF VILLAGE – CHOUKI, P.S. BILLIA, DISTRICT – BEGUSARAI. 16. RUDRA NARAYAN PRASAD SINGH, SON OF SRI SURYA NARAYAN PRASAD SINGH, RESIDENT OF VILLAGE – CHOUKI, P.S. SAHPUR KAMAL, DISTRICT – BEGUSARAI. 17. MD. SHABIR, SON OF LATE KUJI ABDUL MAJEED, RESIDENT OF VILLAGE – BARI BALLIA, P.S. BALLIA, DISTRICT – BEGUSARAI. 18. SANJAY KUMAR, SON OF ARJUN PRASAD SINGH, RESIDENT OF VILLAGE – SANHA, NAYA TOLA, P.S. SAHEBPUR KAMAL, DISTRICT – BEGUSARAI. 19. SANTOSH KUMAR, SON OF SHRI LAKHAN DEO SINGH, RESIDENT OF VILLAGE + P.O. NAWADA, VIA- CHAUTHAM, P.S. CHAUTHAM, DISTRICT – KHAGARIA. 20. ARVIND SINGH, SON OF BAS DEO SINGH, RESIDENT OF VILLAGE – PUNWAS LAL DIYARA, P.O. GARGAMA, P.S. NAYA GAON, DISTRICT – BEGUSARAI. 21. BALESHWAR PRASAD YADAV, SON OF LATE HRIDAY YADAV, RESIDENT OF VILLAGE – JAGDISHPUR, P.S. BALIA, DISTRICT – BEGUSARAI. 22. RAMJI RAM, SON OF SHRI MUSHAHRU RAM, RESIDENT OF VILLAGE – LAL DIYARA, P.S. BALIYA, DISTRICT – BEGUSARAI. 23. MD. MUNIS ALAM, SON OF LATE ABUL HASAN, RESIDENT OF VILLAGE – KATAHRI, P.O. MOHASBA, P.S. SHAHPUR KANEL, DISTRICT – BEGUSARAI. - 2 - 24. RAJKISHOR SHARMA, SON OF SHRI RAMSAGAR SHARMA, RESIDENT OF VILLAGE – KACHARI, P.S. MAHBA, DISTRICT – BEGUSARAI. 25. MD. ABDUL ABAD, SON OF MD. NASIRUDDIN, RESIDENT OF VILLAGE – KATCHARI, P.O. MOHASBA, P.S. S. KAMAL, DISTRICT – BEGUSARAI. 26. MD. ALMAS AHMAD, SON OF MD. DUDDAS AHMAD, RESIDENT OF VILLAGE + P.O. KHERA, P.S. RAJA SONHARSA, DISTRICT – MADHEPURA. 27. MD. TAHIR, SON OF LATE MD. KABIRUDDIN, RESIDENT OF VILLAGE – QUSBA, P.O. BALLIA, P.S. BALLIA, DISTRICT – BEGUSARAI. 28. MD. ASGAR, SON OF LATE ABDUL JASTAR, RESIDENT OF VILLAGE – QURBA, P.S. BALLIA, DISTRICT – BEGUSARAI. 29. MD. KHUSHID ANWAR, SON OF LATE MD. IBREHIM, RESIDENT OF VILLAGE – QUSHA NAGATULA, P.S. BALLIA, DISTRICT – BEGUSARAI. 30. BIJENDRA SINGH, SON OF RAM SWAROOP SINGH, RESIDENT OF VILLAGE – NIRPUR, P.S. CHAUTHAM, DISTRICT – KHGARIA. 31. ANIL KUMAR YADAV, SON OF CHHOTELAL YADAV, RESIDENT OF VILLAGE – KALAR TOLA, P.S. KHAGARIA MUFASIL, DISTRICT – KHAGARIA. Versus 1. THE STATE OF BIHAR THROUGH DIRECTOR EUDCATION, BIHAR, PATNA. 2. BIHAR SCHOOL EXAMINATION BOARD, BIHAR, PATNA THROUGH ITS CHAIRMAN. 3. THE SECRETARY, BIHAR SCHOOL EXAMINATION BOARD, PATNA, BIHAR. 4. THE EXAMINATION CONTROLLER, BIHAR SCHOOL EXAMINATION BOARD, PATNA, BIHAR. 5. THE PRINCIPAL, MOHAMMAD AZAD PRIMARY TEACHERS TRAINING COLLEGE, SITAMARHI. FOR THE PETITIONER : - MR. RAJENDRA PRASAD SINGH, SR. ADVOCATE MR. RAJEEV KUMAR SINGH, ADVOCATE FOR THE STATE : - MR. SANJAY KUMAR, J.C. TO G.A. 5 FOR THE B.S.E.B. : - MRS. NAMRATA MISHRA, ADVOCATE ----------- 07/ 19.07.2010 Heard counsel for the petitioners and counsel appearing for the State. This is the second occasion that the petitioners have come before this Court for a direction to the respondents to publish the result of Teachers Training Examination for the Session 1987-89 held in the year 1991. Earlier the petitioners have moved before this Court in C.W.J.C. No. 5812 of 2007 claiming to be students of an Institution, - 3 - which is a recognized institution. Considering this aspect, the writ application was disposed of giving direction to the respondents to consider the claim of the petitioners for publication of result, in case they will produce evident in support of their claim that the institution in question is a recognized institution, and they appeared for examination as regular students being well within the sanctioned intake capacity of the Institution. As per the direction of this Court Respondent, Secretary, Bihar School Examination Board has considered the representations filed by the petitioner and rejected their claim for publication of result by a reasoned order dated 27.8.2008, contained in Memo No. 814. On perusal of the impugned order, it is apparent that the Institution, namely, Mohammad Azad Primary Teachers Training College, Sitamarhi, from which petitioners appeared in the examination, is not a recognized institution. The result of this institution for the examination held in 1991 was not published, considering its’ unrecognized status. Since the Institution is unrecognized, even its’ name was not mentioned in the tabulation register. So far the present position of the institution, it is not - 4 - functional and not a single relevant document relating to this institution is available, either with the Board or the institution itself. After more than 20 years, petitioners have approached this Court for publication of their result. The law is well settled that in case of any institution, which is not recognized, direction cannot be issued for publication of the result. The recognition being the prime consideration and the institution from which the petitioners claimed to have appeared is lacking this essential criteria, no direction can be issued for publication of petitioners’ result. So far impugned order dated 27.8.2008 contained in Memo No. 814 is concerned, I do not find any illegality. This application is dismissed. DKS/ (Mridula Mishra, J.)