LETTERS PATENT APPEAL No.174 OF 2007 ------- Against the judgment and order dated 06.11.2006 passed by Hon’ble Mr Justice S.K. Katriar in CWJC No. 9090 of 2006 ------- 1. Bishnu Deo Thakur @ Bishun Deo Thakur S/o Sri Dashrath Thakur resident of village Nadhi PS Madhepura Dist. Madherpura 2. Rajendra Kumar, S/o Sri Suryadeo Narayan Mandal 3. Laxmi Mandal S/o late Satya Narayan Mandal Both resident of village Madhuban PS Madhepura Dist. Madherpura 4. Manindra Kumar S/o Sri Kritya Nand Yadav resident of village Nadhi PS Madhepura Dist. Madherpura --------- Appellants Versus 1. The State of Bihar 2. Secretary cum Director, Primary and Adult Education, Education Department, Govt. of Bihar, New Secretariat, Patna 3. Vice- Chancellor, B.N.Mandal University, Lalu Nagar, Madhepura 4. Registrar, B.N.Mandal University, Lalu Nagar, Madhepura 5. Controller of Examination, B.N.Mandal University, Lalu Nagar, Madhepura 6. Principal, Muslim Minority Ahmadiya B.Ed. College, Millat Nagar, Rampura, Katihar 7. Secretary, Muslim Minority Ahmadiya B.Ed. College, Millat Nagar, Rampura, Katihar 8. The Additional Director General of Police, Cabinet (Vigilance) Department (Investigation Bureau), Bihar, Patna 9. Regional Director, Eastern Regional Committee, National Council for Teachers Education, having his office at 15, Neelkanth Nagar, Naya Palli, Bhubneshwar (Orissa) ------ Respondents -------- For the Appellants: Mr T.N. Matin, Sr.Advocate Mr Yogendra Kumar, Advocate Dr. M.K.Gautam, Advocate Mr R.N.Roy, Advocate For B.N. Mandal University : Mr B.K. Jha, Sr. Advocate Mr H.P.Singh, Advocate For the State: Mr Ajoy Kumar Singh AC to SC 6 -------- P R E S E N T THE HON'BLE MR. JUSTICE SHIVA KIRTI SINGH THE HON'BLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ---------- Shiva Kirti Singh & H.K. Srivastava,JJ On the last occasion, by order dated 19.08.2010, we noticed - 2 - that SLP No. 7233 of 2007 is pending before the Hon’ble Supreme Court against judgment and order of a Division Bench of this court dated 05.01.2007 whereby it was held that certificates / degrees of the students of Muslim Minority Ahmadiya B.Ed. College, Rampura, Katihar for the Session prior to 1999 -2000 must be restored. Since the appellants claimed to have passed out as students of Sessions 1990-91 from that college under the respondent- University, we made certain queries from the University which included as to whether the institution had affiliation for that session and whether the benefit of Division Bench judgment contained in annexure 1 has been granted to the concerned students of the institution and lastly whether the Supreme Court has granted any interim order in SLP No. 7233 of 2007. 2. In response a counter affidavit has been filed on 16th Septmeber, 2010 which discloses that in view of then accepted recognition the appellants were allowed to take examination for the session 1991-92 which were held in the year 1993. Since the appellants had passed the examination they were issued provisional certificates also. 3. According to the University, on account of institution of a vigilance case, the degrees / certificates of the students of the concerned college affiliated to the University and recognized by the State Government, were cancelled with retrospective effect by order dated 19.05.2000. In the counter affidavit there is no denial that the benefit of order of the Division Bench in annexure 1 has been given - 3 - effect to. From interim order passed by the Apex Court Annexures A and D, it transpires that initially on 22.08.2008 the operation of the impugned order of the Division Bench dated 05.01.2007 was ordered to remain stayed. But later by order dated 19.02.2010, it was clarified that since recommendation was withdrawn on 19.05.2000, hence withdrawal of these recommendations shall not affect the students who had already passed out of the recognized University prior to that date. 4. A learned Single Judge while hearing a contempt matter vide MJC No. 2963 of 2007 passed order on 12.05.2010 and after noticing the orders of the Apex Court granted relief to the petitioners of that case who had passed the examination held in the year 1996-97 by directing the University to grant certificates to the petitioners immediately . That order was in view of order of the Apex Court and has been annexed as annexure D to the counter affidavit of the University. 5. Learned counsel for the appellants submits that the appellants be given same relief and they would have no objection if the said relief is made subject to decision of the Supreme Court in SLP No. 7233 of 2007 and other analogous matters. 6. On the other hand, learned counsel for the respondent- University has submitted that SLP in question was taken up for hearing on 21st September, 2010 but was adjourned for providing some informations required by the Apex Court. He submits that no order be passed to grant any relief to the appellants till the disposal of - 4 - the said SLP. 7. After considering the relevant facts and particularly the order of the Apex Court dated 19.02.2010, we are of the view that it would be just and proper to grant relief to the appellants as granted by the Division Bench by its order contained in annexure 1 and granted to some others through order dated 12.05.2010 in a contempt proceeding, vide annexure D to the counter affidavit. Accordingly, we direct that the University shall restore and grant certificates to the appellants immediately in view of ongoing recruitment drive in the State of Bihar for appointment of teachers. This would prevent any undeserved injury to the future prospects of the petitioners. However, it is made clear that the relief being granted to the appellants will be subject to whatever decision is taken by the Hon’ble Supreme Court in SLP No. 7233 of 2007 and other analogous matters. 8. In our view, nothing more remains to be decided in this appeal and hence it is disposed of finally with a clarification that the appellants shall ultimately be governed by the outcome of SLP No. 7233 of 2007 and other analogous matters. No cost. (Shiva Kirti Singh, J) (Hemant Kumar Srivastava, J) The Patna High Court The 23rd September, 2010 shahid/ NAFR