IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.17278 of 2011 1. 1. Dr.I.S.N.R.K.P.L.D.Kisan College, Bariyarpur, P.S. & Distt.- Sitamarhi. 2. Kaushal Kishore Singh S/o Shri Rajendra Singh Incharge Principal, Dr. I.S.N. R.K.P.L.D. Kisan College, Bariyarpur, P.S. & Distt.-Sitamarhi ………… Petitioners. Versus 1. The State Of Bihar through Secondary High Education, Bihar Patna 2. Bihar School Examination Board (Higher Secondary) Sinha Library Road, Patna through Its Secretary. ………… Respondents. ------------ For the Petitioners : - Mr. Yogendra Mishra, Advocate For the State : - Mr. Sunil Kumar, AC to GP 23. For B.S.E.B. (Higher Secondary): - Mr. Ajay Bihari Sinha, Advocate. ---------------------------------- 05/ 07.12.2011 Heard learned counsel for the petitioner and learned counsels for the State and Bihar School Examination Board. The petitioner has come to this Court for a direction upon the respondent authorities of the Bihar School Examination Board for issuing necessary letter/notification sanctioning Commerce faculty and subjects Geography, Maths, Music and Farsi in Arts faculty with a time frame. It is submitted by learned counsel for the petitioner that earlier also the petitioner had applied for the same and in its meeting dated 17.01.2001 the Recognition Sub-Committee of erstwhile Bihar 2 Intermediate Education Council had recommended that the petitioner college should be given recognition in the subjects of Geography and Mathematics for three sessions for the period from 2000-2002 and with respect to Commerce after verifying the amount in the security fund for these sessions. The stand of the respondent-Bihar School Examination Board is that the Intermediate Council has since ceased to exist on account of repeal of the Bihar Intermediate Education Council Act and subsequently Bye-laws framed in 1994 have also been repealed and Bihar School Examination Board (Senior Secondary) Affiliation Bye-laws 2011 have been brought into force. It is argued by learned counsel for the Bihar School Examination Board that the recommendation made by the Recognition Sub-Committee of the Intermediate Council has been a non-starter as no notification/order was issued pursuant to the said recommendation and the same was also for a limited period of three years which has long since passed. In the said circumstances, petitioner would have to apply afresh under 2011 Affiliation Bye-laws of the Board and 3 the Board shall take proper action in accordance with the said bye-laws by making inspection of the petitioner’s college and passing appropriate orders thereafter. On a consideration of the entire facts and circumstances, this Court is of the view that so far the earlier recommendation made by the Recognition Sub- Committee of the Intermediate Council is concerned, the same cannot be acted upon now as it was meant for a period of three years from 2000-2002 which has long passed by. Thus, any recognition can only be granted on the basis of fresh consideration by the Bihar School Examination Board on the basis of the new Bye-laws of 2011. In the aforesaid view of the matter, the writ application is disposed of with a direction to the petitioner to apply before the respondent-Board within a period of three weeks from today along with a copy of this order. The authorities of the respondent-Board are directed to ensure that immediately after receipt of the said application they shall make an inspection of the petitioner’s college and pass appropriate orders within a 4 period of three months from the receipt of the application. DKS/ (Ramesh Kumar Datta, J.)