IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3673 of 2010 YUVA SHAKTI, PUNIACHAK, PATNA THROUGH ITS SECRETARY /TREASURER, INDU BHUSHAN S/O LATE RAM PARIKSHAN RAI R/O VILL.- LAWAPUR, P.S.- MAHNAR, DISTT.- VAISHALI. -----------PETITIONER. Versus 1.THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY OLD SECRETARIATE, PATNA 2. THE CABINET SECRETARY GOVT. OF BIHAR, PATNA 3.THE COMMISSIONER CUM PRINCIPAL SECRETARY HUMAN RESOURCES DEVELOPMENT DEPTT. GOVT. OF BIHAR, PATNA 4. THE DISTRICT MAGISTRATE PATNA. ----------------RESPONDENTS. For the petitioner: Mr. Nagendra Kr. Singh, Adv. For the Respondents: Mr. Lalit Kishore,A.A.G.III. ----------- 3 20-04-2010 In this writ application the petitioner-Organization has moved this Court by way of Public Interest Litigation for the following reliefs:- “(i)The Govt. of Bihar be directed to frame out rules, guidelines policy for establishing and operating the Private Coaching Institutes in the State of Bihar which impart Senior Secondary School Education or+2 classes education and allure the students by displaying big banners and boards at important Public Places guaranteeing the sure success in entrance test for Medical, Engineering and other courses to prevent the exploitation of the students at large. (ii)To ensure the registration of Private Coaching Institute established and operated in State of Bihar and those located in State Capital, Patna which impart, Senior Secondary School Education to the students, guarantee sure success in entrance in Medical, Engineering, CAT and other courses by extorting exorbitant amount from the students. (iii)To constitute High Level 2 Committee and fee committee to monitor and check the affairs of mushrooming growth of Private Coaching Institute which impart sub standard education and to fix the fee charges by the Private Coaching Institute from the students who intends to take admission in these Private Coaching Institutes. (iv)To ensure from the Private Coaching Institutes:-The name of the their teachers, their special qualification who imparts Senior Secondary School Education, Specialized Coaching on whose name the Private Coaching Institutes allure the students to take admission in their institutes and simultaneously take undertaking from such teachers that they would complete the syllabus within schedule time and in case of non completion syllabus they would return the amount. (v)To establish a authority under law where if the Private coaching Institutes breaches the standard parameters fixed and deceive the students, a complaint is filed in this regard then authority would take stern action against the institute. (v)To exonerate the regular students reading in senior secondary schools or in (+2) schools for ensuring their attendance in the concerned school as it is not possible for a student to continue his study by attending classes in school situated in remote area and said student would also attend his coaching classes at urban based coaching institute at a time except student of NIOS. (vii)To pay compensation of Rs. Ten laks to parents of Late Sachin Sharma who has been killed by the musclemen of the coaching institute. (viii)To ensure that Colleges and +2 school would conduct the regular class of senior secondary education and +2 education and would complete the syllabus in time which would stop the migration of students from remote country side. (ix)To direct the State authority to hold judicial enquiry in respect to the death of one Krishna Jha resident of Saharsa who died 3 in unfortunate episode and to provide compensation of Rs.10 lacs and an employment to the members in State Govt. to the bereaved family of the deceased. (x)To ensure that the Private coaching Institute would take admission of 40% students who are below poverty line and economically backward and to arrange scholarship for them in order to continue study.” From the averments made in this application it would be manifest that the main grievance of the petitioner is with regard to the alleged existing malpractices being adopted by the Coaching Institutes all over the State. This matter being one of genuine Public Interest, we had issued notice to the respondents by order dated 3.3.2010 and in response there of Mr. Lalit Kishore, the learned Additional Advocate General No.III has appeared on behalf of the respondents. Though no counter affidavit has been filed by the respondent, but the leaned Additional Advocate General No.III has submitted that the Government is very serious in the matter of regulating the Coaching Institutes. He has also drawn our attention to a bill introduced and passed by the State Legislature, namely, BIHAR COACHING SANSTHAN (NIYANTRAN AWAM BINIYAMAN) BIDHEYAK, 2010. He submits that the matter is now awaiting for approval of the Governor of Bihar. 4 Thus, in our considered opinion, the main grievance of the petitioner seems to have been redressed, inasmuch as, the respondents appear to have taken some concrete steps regulating and controlling the Coaching Institutes all over the State. That being so, nothing more is required to be done in this case and accordingly we dispose of this writ application with an observation that respondent no.4 would take appropriate steps as soon as the bill passed by the Legislature is approved by the Governor of Bihar and consequently the Act comes into force. (Dipak Misra, C.J.) Abhay Kumar ( Mihir Kumar Jha, J.)