IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4520 of 2007 MIRZA GHALIB PRIMARY TEACHER'S TRAINING COLLEGE, ARARIA, THROUGH ITS PRESIDENT, ZAMIRUDDIN AHMAD, SON OF LATE SHAIKH LIYAKAT HUSSAIN, RESIDENT OF MOHALL ASHIANA COLONY, P.S.PURNEA, DIST-PURNIA. Versus 1.THE STATE OF BIHAR 2.The Secretary, Human Rosources Development (Primary Education Department) Bihar, New Secretariat, Patna. 3.The Additional Secretary, Human Rosources Development (Primary Education Department) Bihar, New Secretariat, Patna. 4.The District Research and Training Bihar, New Secretariat, Patna. 5.The District Education Officer, Purnia. ----------- For petitioner:-Mr. Mukul Prasad, Adv. For respondent:- Mr. Lalan Kumar, JC to GP-22. ------------- 2/ 17.11.2008 Heard learned counsel for the petitioner and learned counsel for the State. As appears from the order of the Supreme Court dated 28.4.1993 passed in L.P.A.No.3640 of 1993 contained in Annexure-9 the petitioner- institution got no relief in the matter of recognition even from the Apex Court except a direction to the State Government to dispose of the application for recognition of the training college within three months. It has been submitted that impugned order of the State Government dated 6.2.1993 (Annexure-10) was not in the knowledge of the petitioner when the matter was pending before the Supreme Court. However, it is clear from the materials available on record that the - 2 - petitioner-institution moved this Hon’ble Court again after 13 years through CWJC No.2368/06 which was filed not for setting aside the order of the State Government dated 6.2.1993 but for publication of result of some students of the institution who had taken examination conducted by the Respondent-Board on the strength of some interim orders passed prior to 1993 when the matter of recognition was still pending. The said writ petition of 2006 was disposed of by order dated 18.8.2006 (Annexure-11). This writ Court noticed the relevant facts and without granting any relief to the petitioner gave the opportunity that if so advised it may challenge the 1993 order of the Government not to recognize the petitioner-institution. Pursuant to such opportunity the present petition has been filed on 9.4.2007. The law is well settled that only such institution can be given recognition which fulfills the required conditions. The facts as they existed in the year 1993 and earlier did not warrant grant of recognition to petitioner-institution as per decision of the State Government. Such decision should have been challenged with utmost - 3 - dispatch without losing much time. However, the institution sat over the matter for more than 13 years. In such circumstances, this Court is not persuaded to interfere in the matter. The writ petition is dismissed. It goes without saying that if petitioner-institution still exists and has all the infrastructure required for recognition as per law existing today it may apply to the concerned authority in accordance with law for fresh recognition. perwez (Shiva Kirti Singh,J)