IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4258 of 2010 1. Anuradha Kumari d/o Chandrika Chaudhary, r/o village – Rup Narainpur, P.O. Karnauti, P.S. Mahnar, District – Vaishali 2. Madhu Kumari d/oRam Parvesh Chaurashia, r/o village – Rup Narainpur, P.O. Karnauti, Ps. – Mahnar District – Vaishali 3. Ajit Kumar s/o Sashi Bhushan Chaudhary, r/o village – Pirapur, P.O. & P.S. jandaha, District – Vaishali 4. Amod Kumar s/o Ram Chandra Chaudhary, r/o village & P.O. Daudnagar Chakgatho, P.S. Biddupur, District – Vaishali 5. Ashwani kumar s/o Rabindra Chaudhary,r/o village – Jethui, P.O. Hajipur, P.S. Industrial Area Hajipur, Vaishali ………….. Petitioners Versus 1. The Chairman ,B. S. Examination Board, Patna (Higher Education) 2. The Secretary, Bihar School Examination Board, Patna (Higher Education) 3. The Principal, B.P.S.College, Desari, District –Vaishali at Hajipur ………… Respondents ---------- For the petitioners: Mr. Devendra Kumar Singh, Advocate For the respondents: Mr. P.K.Shahi, AG Mr. Girijish Kumar, Advocate --- 2 12/3/2010 The petitioners who are students in B.P.S. College, Desari have prayed for issue of a writ of mandamus commanding the Bihar School Examination Board (Higher Education) (for brevity, ‘the Board’) to permit them to appear in examination of Intermediate Arts, Science and Commerce for the academic Sessions 2 2008-10. On a perusal of the documents brought on record, it is clear as day that the said college does not have recognition to impart education in the afore mentioned courses. A college that does not have recognition in law cannot impart education and the students who take admission in the said college cannot come forward to say the fault does not lie with them but with the management of the college. It may be true that their conduct does not suffer from any kind of laches or they may not be at fault but it does not stand to reason that the Board should suffer allowing them to appear in the examination who have prosecuted their studies in an unrecognized educational institution. Education is the bed-rock of a cultured society and the progress of the society is dependant upon education and hence, education has to be imparted by the colleges and schools which have the statutory authority. Any group of persons cannot assume that they have the authority to over-reach the statutory injunctions and mandates and impart education at their fancy and bring the students to 3 the front to plead and contend that the fortune of the students are at stake. No nation or country can barter education for all the tea in China. For education, as has been said, is the spine of the society and the interest of the society, basically the collective interest, cannot be crucified because of the commercial interest of such educational institutions, which have taken a pledge to foster a mushroom growth in the State of Bihar with a purpose to earn money. That cannot be the purpose and can never be allowed to nourish by virtue of any kind of judicial intervention. At this juncture Mr. Devendra Kumar Singh, learned counsel for the petitioner, submitted that under the similar circumstances admit-cards have been issued by the Board to other colleges. It is trite law negatived equality as claimed cannot be a facet of Article 14 of the Constitution of India and that apart facts in that regard have not been brought on record to even remotely build a case of discrimination. The writ petition is accordingly dismissed without any order as to costs. 4 However, non-interference in this writ petition would not debar the students to file an appropriate litigation, if so advised, claiming compensation/damages from the management of the institution. Neyaz/ (Dipak Misra, CJ.) (Mihir Kumar Jha, J.)