IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17444 of 2009 1. SUBODH KUMAR MEMORIAL MAHILA COLLEGE MOHIUDDINPUR, PUNPUN, PATNA THROUGH BRAJAANDAN PRASAD SINGH S/O LATE MUNG LAL SINGH, SECRETARY OF THE GOVERNING BODY, OF THE COLLEGE, P.S- PARSA BAZAR, P.O- PUNPUN, DISTT- PATNA Versus 1. THE STATE OF BIHAR THROUGH SECRETARY, HUMAN RESOURCES DEPTT. GOVT.OF BIHAR, PATNA 2. THE CHAIRMAN, BIHAR SCHOOL EXAMINATION BOARD (SENIOR SECONDARY) BUDH MARG, PATNA 3. THE DIRECTOR (EDUCATIONAL) BIHAR SCHOOL EXAMINATION BOARD, (SENIOR SECONDARY), BUDH MARG, PATNA 4. THE SECRETARY, BIHAR SCHOOL EXAMINATION BOARD (SENIOR SECONDARY), BUDDH MARG, PATNA ----------- 3/ 21/12/2009 Heard learned counsel for the petitioner, for the State and learned counsel appearing for the Bihar School Examination Board. The writ application reflects a very sorry state of affairs in so far as the institution and the Board are concerned while at the receiving end are the students. The relief prayed is for a direction to the Board to issue OMR forms of 18 girl students of the College and allow them to appear in the Intermediate Science examination to be held in March, 2010. The issue of law to be determined by this Court is whether the institution in question has affiliation from the Board in the faculty of science or not. The institution may have or may not have recognition for other discipline is not relevant. Likewise that the Board may have committed a wrong by acceptance of fees and forms of Science stream for 2 earlier Sessions without valid affiliaction may be a good ground for the prosecution of the officials of the Board but cannot be a legal ground for grant of relief in the nature prayed for in this writ application. On the own showing of the petitioner, as stated in paragraph 8 of the writ application, it does not have affiliation in the faculty of Science for whatever may be the reason. There is no pleading in the writ application that at any subsequent stage formal and final orders granting affiliation in the faculty of Science has been issued. This Court, therefore, finds it difficult to grant positive relief to the petitioner. If the petitioner claims that it fulfils the conditions for affiliation in the faculty of Science, any alleged inspection report of 1998-99 can hardly be relevant today in the year 2009. If the petitioner applies in the prescribed manner and deposits necessary fees etc., this Court requires the Respondent-Board to carry out such inspection and pass a reasoned and speaking order on the request for affiliation. If the Board proposes to refuse affiliation, it is required to properly deal with the claim of the petitioner that the fees and forms for the earlier Sessions in the faculty of Science without valid affiliation has been accepted by the Board. If the 3 authority of the Board is satisfied with regard to the correctness of that aspect, this Court directs the Board to institute appropriate civil and/or criminal prosecution against its officials, who issued such fees and forms in absence of affiliation. In so far as the students of the petitioner- institution are concerned, they are left to their remedies in Civil and/or Criminal law in view of the findings that may be arrived by the Board, whether with regard to the Board or the institution. Let the Board pass such order as discussed hereinabove expeditiously within a period of one month from the date of receipt and/or presentation of a copy of this order before it keeping in mind the academic interest of the students. The application stands disposed. AKS/ ( Navin Sinha, J.)