IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3227 of 2000 1. Md.Hussain, son of Hazi Md. Naimuddin, At & P.O.- Neemoul, Via Barsoi Ghat, District-Katihar. 2. Md. Hasan, son of Abdul Salam, At Budhu Chowk, P.O. & District- Katihar. 3. Md. Shaukat Ali, son of Md. Ilyas Hussain, at Khurial, P.O. Shipur, Via Salmari, District-katihar. 4. Jitendra Kumar Yadav, son of Sri Moti Lal Yadav, Resident of Ram Nagar, P.O. & District- Katihar. …….. Petitioners. VERSUS 1. The Vice Chancellor, Bhupendra Narain Mandal University, Laloo Nagar, Madhepura. 2. The Registrar, Bhupendra Narain Mandal University, Laloo Nagar, Madhepura. 3. The Controller of Examination, Bhupendra Narain Mandal University, Laloo Nagar, Madhepura. 4. The Secretary, Muslim Minority Ahmadia B.Ed. College, Rampur, Katihar. 5. The Principal, Muslim Minority Ahmadia B.Ed. College, Rampur, Katihar. …….. Respondents. ----------- For the Petitioner : Mr. Rajiv Kumar Verma, Sr. Adv. Mr. Karuna Nath Sahay. For the University : Mr. S.N. Pathak. ------------- 07 17.02.2009 The petitioners are student of Muslim Minority Ahmadia B.Ed. College, Rampur, Katihar for the session 1996-97. The have come to this Court for a direction to the B.N. Mandal University to take their examinations, which was partly conducted. The said College had a permanent recognition by the State Government, in view of the Bihar Act 29 of 1982 for the batches 1992-93 onwards. It was granted permanent affiliation by the B.N. Mandal University with effect from the session 1992-93. It is not in dispute that when the petitioners joined, the institution enjoyed permanent recognition and affiliation. It may be 2 mentioned that in 1995 the provisions of National Council for Teachers Education (NCTE) was enacted. In view of permanent recognition by the State Government, the recognition by the NCTE was continued till it was permanently given in the year 2000 but revoked subsequently. It is also not in dispute that it started taking examination. University conducted the examinations in respect of one paper and then while the second paper was being conducted the examinations were postponed due to certain disturbances, never to be held again, because in 2000 NCTE and the University both cancelled permanent recognition and affiliation virtually with retrospective effect. The question raised by the petitioners is that what the fault of the petitioners is. They joined the institution when the institution had the necessary recognition and affiliation, having completed the course, their examinations was being conducted by the University. Now if subsequently affiliation is cancelled, the governing body of the institution or the institution may be proceeded against it, but it would be highly inequitous on the University to crucify/punish the students, whose careers would stand ruined, having vested their time, money and energy. It would be a different case altogether if the students had taken admission after cancellation of affiliation too that is not the case here. Having considered the matter, In my view, the petitioners having persuaded the studies when the institution had due recognition and affiliation, University cannot now debar from appearing in examination nor can University refuse to hold examination at least for the period during which the institution enjoyed the recognition and 3 affiliation, the case of petitioners if it is to that period. In that view of the matter, the University is directed to conduct examination of the petitioners and their like of the batch 1996- 97. It may be noted that students of earlier batch and later batch of the same institution have been duly examined and their results published by the University. It may be clarified that examinations are due for more than 10 years and the writ petition has been pending before this Court for over 9 years, the University would act promptly in the matter. However, before conducting the examination University would satisfy itself as to the bona fide and genuiness of the students, as per record available to him. It is expected that the University would conduct the examination within a period of six months from today. The writ petition is accordingly allowed. Trivedi/ (Navaniti Prasad Singh, J.)