IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.794 of 2007 ------- 1. Ashok Kumar Son of Sri Dip Lal Sah, resident of Village:- Inayatpur Prabodhi, P.O. & P.S.:- Sarai, District:- Vaishali. 2. Om Prakash Pankaj Son of Sri Dayali Paswan, resident of Village:- Ashoyee Turki, P.O.:- Bhagwanpur, P.S.:- Bhagwanpur, District Vaishali. 3. Rama Shankar Kumar Son of Sri Jagdish Prasad, resident of Village:- Daud Nagar, P.O.:- Daud Nagar, P.S.:- Vaishali, District:- Vaishali. 4. Md. Aminuddin Son of Sri Noor Mohammad, resident of Village:- Nawada, P.O.:- Vaishali, District:- Vaishali. 5. Satya Prakash Son of Sri B.P.Sharma, resident of Village:- Lalganj, P.O.:- Lalganj, P.S.:- Lalganj, District:- Vaishali. Petitioners/ Appellants. Versus 1. The State of Bihar through Secretary-cum-Commissioner, Education Department, Government of Bihar, Patna 2. The Director, Primary Education, New Secretariat, Patna. 3. The Bihar School Examination Board, Sinha Library Road, Patna, through its Secretary. 4. The Chairman Bihar School Examination Board, Sinha Library Road, Patna. 5. The Secretary Bihar School Examination Board, Sinha Library Road, Patna. 6. The Secretary Millia Sir Saiyed Primary Teachers Training College, Rambag, Purnea. 7. The Principal, Millia Sir Saiyed Primary Teachers Training College, Rambag, Purnea. …. Respondents/ Respondents ----------- For the appellants : Mr. Suman Kumar Singh, Advocate For the respondent Nos. 1 & 2 : Mr. Braj Kishore Prasad Sinha, Government Pleader III Mr.Surya Kant Kumar, Junior Counsel For the respondent Nos. 3 to 5 : Mr. Lalit Kishore, Additional Advocate General-III Mr. Piyus Lal, Advocate For the respondent No.7: Mr. Y.V.Giri, Senior Advocate Mr. Raju Giri, Advocate - 2 - ------- P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Kishore K. Mandal ------ Dated, the 12th November, 2008 By the impugned order dated 24th August, 2007, three writ petitions came to be disposed of by the Single Judge. Aggrieved by this order, Bhagwan Budha Prathamik Teachers Training Collge, petitioner in CWJC No.7055/2007 preferred Letters Patent Appeal being LPA No.780/2007. The said Letters Patent Appeal has been dismissed by us today by a separate order in view of the order dated 02nd September, 2008 issued by the State Government (Human resources Development Department) whereby recognition granted to that institution earlier vide order dated 16th March, 2007 has been withdrawn. We disposed of that Letters Patent Appeal by the following order: “Along with an affidavit of the respondent nos. 4 to 6 handed in today by the Additional Advocate General-III, an order of the State Government (Principal Secretary, Human Resources Development Department) contained in memo no. 309 dated 02nd September, 2008 has been placed on record. By this order, the recognition granted to the appellant vide order contained in memo 57 dated 16th March, 2007, has been withdrawn. 2. In the light of the order dated 02nd September, 2008, the appellant is not entitled to any relief as the appellant- Institution does not have any recognition and the recognition accorded to it vide order dated 16th March, 2007, has been withdrawn. 3. Letters Patent Appeal, therefore, has to be dismissed and is dismissed. 4. We, however, clarify that this order shall not - 3 - preclude the appellant in challenging the legality and correctness of the order dated 02nd September, 2007 by means of an independent substantive proceedings. It will also be open to the appellant to seek all incidental and consequential reliefs in that writ petition. We further observe that in that event, the order dated 24th August, 2007 passed by the Single Judge shall not be any impediment for consideration of all aspects that may be raised in such writ petition independently.” 2. The present appeal is by the students (petitioners in CWJC No.7322/2007) of that institution. In our considered view, the appellants are not entitled to any relief in the light of dismissal of Letters Patent Appeal preferred by the Institution. 3. Letters Patent Appeal is, accordingly, dismissed with no order as to cost. R.M. Lodha, CJ Kishore K. Mandal, J. Sunil