IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2251 of 2009 DR.GAJADHAR YADAV, son of Late prayag Yadav, resident of At. Goriar, P.S. Tikapatti, district Purnea, presently posted as In charge Principal, Ram Lal College, Madhav Nagar, Purnea Versus 1. THE STATE OF BIHAR through the Secretary, Human Recources Development (Senior Secondary), Bihar, Patna 2. The Bihar School Examination Board (Senior Secondary), Budh Marg, Patna 3. The Chairman, Bihar School Examination Board, (Senior Secondary), Bihar, Patna 4. The Secretary, Bihar School Examination Board (Senior Secondary), Bihar, Patna 5. The Director, (Senior Secondary), Government of Bihar, Patna 6. Bhupendra Narain Mandal University through its Vice-Chancellor, Lalu Nagar, Madhepura ----------- For the Petitioner :Mr. Shailendra Kumar Sinha, Advocate For the State :Mr. Lala S.N. Rai, A.C. to G.A.-9 For the Board :Mr. P.K. Shahi, Sr. Advocate, Mr. G. Kumar, Advocate 08/ 06.07.2009 Heard learned counsel for the parties. 2. Petitioner is the In-charge Principal of Ram Lal College, Madhav Nagar, Purnea. He has filed this writ application for a direction to the Bihar School Examination Board (hereinafter referred to as the Board) to permit the students of the Science faculty of his college to appear in the Intermediate Examination conducted by the Board in the year 2008, as it would appear from tabulation register, Annexure-1 and 1/1 appended with this application that the students of science faculty of Ram Lal College, Purnea were allowed to appear in the Intermediate Examination conducted by the Board for the 2007. Such prayer is being objected to by the Board, as it is said that the college in question is recognized only for Arts Education with intake capacity of 512 students and the students 2 of the science faculty of the college may have been allowed to appear in the examination conducted by the Board in 2007 but such appearance cannot be taken as a good precedent in absence of valid order of recognition for science teaching with intake capacity. 3. When aforesaid submission was made by the counsel for the Board that the college in question does not have a valid recognition for undertaking science studies, this Court called upon the learned counsel for the petitioner to produce the order whereunder science teaching has been recognized in the college by the competent authority of either the State Government or the Intermediate Council or the Board. In response to such direction, counsel for the petitioner referred to the report contained in Annexure-2 as also to the deposit creating reserved fund for the college and to the deposit of the inspection fee by the college as would appear from receipt, Annexure-3. With reference to the documents Annexures-2 and 3, it was submitted that there may not be specific order granting recognition to the college in question for undertaking science studies in the college, but nonetheless the college has been permitted to undertake science teaching and its students have been appearing in the examination conducted by the Board. 4. Perusal of the report, Annexure-2 indicates that the college was inspected by the inspecting team, grant of recognition for science teaching in the college was 3 recommended, but the order recommending recognition for science teaching was never issued, although inspection fees was deposited and reserved fund was created as is evident from the receipt, Annexure-3. 5. In the circumstances, as the college in question does not have any valid recognition for undertaking science teaching, this Court is not inclined to direct the authorities of the Board to allow the students of the college to appear in the Intermediate Science Examination. However, at the same time, I direct the competent authority to undertake a fresh inspection of the college after receipt of fees therefor and consider the request of the college to grant recognition for undertaking science teaching. While taking fresh inspection, the authorities will be obliged to also consider the fact whether the students of the college were earlier allowed to appear in the Intermediate Examination and if that be so then that be an added ground to consider and grant recognition to the college for undertaking intermediate education in science faculty, provided it has the necessary infrastructure. 6. Necessary inspection in terms of this order be made by the competent authority, as early as possible, in any case within two months from the date of receipt of request for fresh inspection from the college and once the inspection report is received, the competent authorities shall consider the same and pass appropriate orders in accordance with law within 4 another two months of the receipt of the report. 7. This writ application is, accordingly, disposed of. Arjun/ ( V.N. Sinha, J.)