IN THE HIGH COURT OF JUDICATURE AT PATNA MISCELLANEOUS JURISDICTION CASE No.866 of 2011 IN CIVIL WRIT JURISDICTION CASE No. 9627 of 2010 ==================================================== The Association of Inter Examinee Students (Session 2009-11) of Shri Anugrah Narayan Singh College, Motihari through its convenor Rakesh Raushan Kumar son of Krishna Prasad resident of Village, P.O. & P.S.:Chhauradano, District:East Champaran. …. …. Petitioner Versus 1. The Bihar School Examination Board through the Secretary Budh Marg, Patna. 2. The Chairman, Bihar School Examination Board, Patna. 3. The Sub Divisional Magistrate, East Champaran, Motihari. 4. Harendra Kumar Singh, the Secretary, Shri Anugrah Narayan Singh College, resident of Mohalla : Chandmari, P.S.:Motihari Town, East Champaran, Motihari 5. Arbind Kumar Singh, the In-Charge Principal, presently residing in the campus of Shri Anugrah Narayan Singh College, East Champaran, Motihari 6. The State of Bihar through the Principal Secretary, Human Resources Development Department, Government of Bihar, Patna. …. …. Respondents 7. Sanjay Kumar, S/o Surendra Pd. Singh, R/o Village-Sirsa, P.S. Mufassil, Motihari, Distt. East Champaran. .... .... (Petitioner original writ) ==================================================== Appearance : For the Petitioner: Mr. Y.V. Giri, Senior Advocate with Mr. Amarendra Nath Verma, Advocate For the Respondent BSEB: Mr. Lalit Kishore, Senior Advocate For the Respondent State: Mr. Harendra Pd. Singh, G.A.-8 For the Respondent No.7: Mr. Prabhakar Singh, Advocate with Mr. Raj Giri Singh, Advocate ==================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 4. 4.3.2011. This application for review has been filed by the Association of Inter Examinee Students (Session 2009-11) of Shri Anugrah Narayan Singh College, - 2 - Motihari for review of the order dated 30th September 2010 made in above C.W.J.C. No. 9627 of 2010. The ground for review is that the concerned students studying in the aforesaid Shri Anugrah Narayan Singh College, Motihari had no opportunity of hearing before this Court. The above C.W.J.C. No. 9627 of 2010 was filed in public interest against the action of the Bihar School Examination Board in giving code number to the aforesaid Shri Anugrah Narayan Singh College, Motihari. The allegation was that the said college was not recognized, nevertheless, it had been given code number so as to allow it to send its students for Board Examination. In order under review, we have observed that the said College had no recognition, it should, therefore, be not given the code number. In absence of recognition or affiliation to the Bihar School Examination Board the said College was not entitled to admit students nor the students were entitled to take the Board Examination. In view of the said finding, we had set aside the action of the Bihar School Examination Board in granting code number to the said College and observed that the legal consequences shall follow. Consequently, the students admitted by the said College are not allowed to take the Board Examination. Learned counsel Mr. Giri has appeared for the applicant. He has submitted that the students were not party to the petition. They were not aware of the status of the said College. The aforesaid order, therefore, should be treated as prospective and the students of the academic term 2009-11 be allowed to take the Board - 3 - Examination. We are afraid, we are unable to review the order or issue direction to make it prospective in the manner suggested by Mr. Giri. Though we have full sympathy with the students, in view of the prevalent rulings of the Hon’ble Supreme Court and the High Courts, the students of an unrecognized and unaffiliated institution cannot be permitted to take the Board Examination. Nor the students were required to be heard in the above C.W.J.C. No. 9627 of 2010, which was a matter between the Bihar School Examination Board and the College. For the aforesaid reasons, the application is rejected. Pawan/- (R.M. Doshit, CJ) (Jyoti Saran, J)