IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3500 of 2010 1. SUBODH KUMAR MEMORIAL MAHILA COLLEGE, MOHIUDDINPUR, PUNPUN, PATNA THROUGH BRAJNANDAN PRASAD SINGH, S/O LATE MUNG LAL SINGH SECRETARY OF THE GOVERNING BODY OF THE COLLEGE, P.S- PARSA BAZAR, PO- PUNPUN, DISTT- PATNA Versus 1. THE STATE OF BIHAR THROUGH SECRETARY, HUMAN RESOURCES DEPARTMENT, GOVT.OF BIHAR, PATNA 2. THE CHAIRMAN, BIHAR SCHOOL EXAMINATION BOARD (SENIOR SECONDARY), BUDH MARG, PATNA 3. THE DIRECTOR (EDUCATIONAL) , BIHAR SCHOOL EXAMINATION BOARD, (SENIOR SECONDARY), BUDH MARG, PATNA 4. THE SECRETARY, BIHAR SCHOOL EXAMINATION BOARD, (SENIOR SECONDARY), BUDH MARG, PATNA ----------- 2. 04.03.2010 Heard learned Counsel for the petitioner and the learned Counsel for the Bihar School Examination Board. In CWJC No. 17444 of 2009 preferred by the petitioner institution it has adequately been noticed that there was no recognition in the faculty of science and therefore this Court found it difficult to grant any positive relief. That earlier without a valid recognition in the stream of science the Board may have committed a wrong by permitting the students to appear in the science stream was also noticed to be a good ground for prosecution of the officials of the Board but certainly not for granting relief to the petitioner institution. From the entire tenor of the order on the writ petition it is more than apparent that the directions were in context of any future recognition in the faculty of science and obviously it could not pertain to the present session inasmuch as admission in an institution can be taken only after its legal sanctity to run a particular course and then to admit students in it. To read it in the manner urged that once the students have been admitted, the respondents were obliged to consider the representation and consider grant of permission for the science stream shall be putting the cart before the horse. If the petitioner has filed any representation for recognition on 4.1.2010 that is a matter to be more appropriately considered from the next session. The contention of the petitioner that the Board itself has taken a decision to allow students of such institution whose recognition is pending consideration, to appear at the examination, does not appeal to this Court. The Courts have clearly held that even sympathy cannot be invoked to allow students of an unrecognized institution to appear at the examination. If the Board has taken any decision contrary to law, no mandamus can be issued for enforcement of such decision contrary to the settled judicial decisions. Likewise the submission that since the recognition matter was pending with the Board the students should not be allowed to suffer also does not appeal to this Court. In CWJC No. 17444 of 2009 it has been noticed that relief of recognition was prayed on an alleged inspection report of 1998-99 which this Court considered wholly irrelevant in the year 2009. Obviously there has to be a fresh inspection only applicable from a fresh session only. This Court finds it difficult to grant any relief to the students of the petitioner-institution in the stream of science. This application is dismissed. Snkumar/- (Navin Sinha,J.)