IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3155 of 2008 MAHESHWAR SINGH & ORS . Versus THE STATE OF BIHAR & ORS . For the Petitioners: Mr.P.K. Verma, Sr. Adv. For Bihar School Examination Board: Sunil Kumar Mandal, Adv. For the State of Bihar: Amit, AC to SC 19. ----------- 8/ 24/08/2010 Heard learned counsel for the petitioners, for the Bihar School Examination Board and learned counsel for the State. The petitioners are stated to be the students of Maharshi Dayanand Saraswati Prathmik Sikshak Siksha Mahavidyalaya, Phalhanwa Harnaut, Nalanda for the session-1986-1988 pursuing the Primary Teachers Training course. It appears that the institution came to this Court in C.W.J.C. No.7063/88 disposed on 19.9.1988 when directions were given for acceptance of fees and forms provisionally in course of a controversy whether the institution was a minority institution. A counter affidavit has been filed on behalf of the respondents. Paragraph-7 of the same specifically states that the institution was not recognized. In fact, the proposal for recognition had been rejected. Learned counsel for the petitioners submits that he does not dispute at all the fact that the institution is unrecognized. He relies upon certain orders of this - 2 - Court that the results in context of the publication of results for certain other session with the observation “it may be declared for whatever worth may be of the said result.” In view of the law with regard to unrecognized institutions discussed in (2006) 13 SCC 673 (SUNIL ORAON (MINOR) THROUGH GUARDIAN AND OTHERS Versus CBSE AND OTHERS) this Court finds it difficult to give any mandamus for publication of the result to the Examination Board. At this stage, it is submitted that the petitioners only wish to know how they fared in the examination. It appears tat the petitioners came to this Court earlier in C.W.J.C. No.12270/06 when the writ petition was withdrawn to represent before the authorities of the State Government as also the respondent Board. The opening lines of the order are that after some arguments the petitioner had chosen to withdraw the application. Such orders are passed when the Court declines to entertain the writ application and grant any relief on merits. To avoid an adverse verdict the writ petition is withdrawn. There is no denial in the counter affidavit that the examination was, in fact, conducted by the Board in 1991. The petitioners state in paragraph-25 of - 3 - the writ application that they have represented before the Board on 22.6.2007 in pursuance of C.W.J.C. No.12270/06. In view of the statements made in the counter affidavit of the Board, their representations stand adequately disposed off. If the Board had, in fact, conducted the examination it is possible that being an unrecognized institution the Board did not retain the results. If the results are available, it may be made over to the petitioners in an unauthenticated form so as to prevent any misrepresentation of a qualification acquired from a recognized source. The application stands dismissed. KC ( Navin Sinha, J.)