IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8323 of 2009 ***** In the matter of an application from Shambhu Sharan Singh (A Guardian), Village+Post Office-Siswan, District-Nawada. …. …. Petitioner Versus 1. The State of Bihar through the Principal Secretary, Human Resources Development Department, Government of Bihar, Patna. 2. The Chairman, Bihar School Examination Board, Patna. 3. The Vice Chancellor, Magadh University, Bodh Gaya. 4. The District Magistrate, Nawada. ….. …. Respondents ----------- 11. 8.3.2010. This public interest litigation was registered on the basis of a letter received from one Shambhu Sharan Singh, a guardian of a student in the district of Nawada. After entertaining the letter-petition this Court required the State as well as Bihar School Examination Board to file their respective affidavits. Be it noted, on 5.10.2009 this Court was apprised that there are complaints revealing that fairness of the examination process is likely to be adversely affected due to policy of the financial grants on the basis of the result of the students. On 20.11.2009, after counter affidavit was filed by the District Magistrate, Nawada, this Court observed as follows: - Some steps appear to have been taken to - 2 - streamline working of the Bihar School Examination Board, Senior Division, which deals with intermediate examination. We expect the highest authorities to have a re-look on their policy so that precautions are introduced to punish the wrong doers and prevent them from taking advantage and as per new norms only genuine colleges where number of students is good because of good teaching are actually rewarded by way of grants. Thereafter on 4.1.2009 the learned Additional Advocate General prayed for some time to file a comprehensive affidavit regard being had to the fact that education is of immense signification of a society and all steps are to be taken by the State Government so that there is no corrosion and no dent is created in the system. On 13.1.2010, learned Additional Advocate General took further time to verify whether the policy requires a modification regard being had to the similar policies in various states. Today an affidavit has been filed by the State. In paragraph 9 to 11 it has been stated thus: - “9. That it has further been decided by the State Government in first attempt to abolish the unaided education policy from the State and to implement Grant-in- aid education policy by fixing a criteria for recognized secondary/higher secondary schools or those of such schools which have been granted only permission to establish on the basis of actual number of successful students with concerned examination. 10. That in course of review of the report - 3 - submitted by the State level enquiry committee a new fact came in light i.e. the result of successful students in internal examination of Class IX and XI of the aforesaid schools have been shown just double in comparison to the successful students of secondary school examination (Class-X) and senior secondary examination (Class XII) conducted by the Bihar School Examination Board and the Bihar School Examination (Senior Secondary) Board. 11. That in light of the above it has been decided by the State Government to bring about certain changes in its aforesaid policy which include that the actual number of students in Class IX and XI shall be counted on the basis of number of successful students in Secondary Examination (Class X) and higher secondary examination (Class XII) and that the grant would be made available to the managing committee/governing body of these institutions through the concerned District Education Officer who prior to release of the grant would have to satisfy himself regarding proper management of these institutions and further that these institutions would make available to the concerned District Education Officer Utilization certificate in the requisite format under joint signature of the Principal/Headmaster and the Secretary of the institution, which would be forwarded by the DEO to the Directorate at Patna in the Human Resources Development Department.” On a query being made from Mr. Lalit Kishore, Additional Advocate General whether the statements made in those paragraphs will be incorporated in the new policy, he stated that the same shall be incorporated in the new policy and the same shall be notified within a period of two weeks from today. Needless to emphasise, the Bihar School Examination Board shall strictly adhere to the policy formulated by the State. - 4 - With the aforesaid direction, the writ petition stands disposed of. Pawan/ (Dipak Misra, CJ) (Mihir Kumar Jha, J)