Sunil Kumar Parimal & Anr vs The State Of Bihar & Ors

3. The facts in brief giving rise to the filing of this appeal are as follows:-

4. Sunil Kumar Parimal appellant No. 1 herein claims to be a first class post-graduate in Geography from Mithila University. He was enrolled in the respondentCollege in C.P. Ed. Course for the academic session 1993-94. He completed his C.P. Ed course in March, 1995. His name was sent by the respondentCollege for appearing in the examination to be conducted by the Bihar School Examination Board, Bihar, Patnarespondent No. 4 (hereinafter referred to as the respondentBoard).

5. Shiv Shankar Royappellant No. 2 is a Graduate in Commerce from Mithila University. He took admission to the D.P. Ed. course for the academic session 1995-96. He completed his course in March, 1996. The name of appellant No. 2 was also sent by the respondentCollege to the respondentBoard for taking the examination. However, no examination was conducted by the respondent-Board who is entrusted the responsibility of holding the examination for the said courses by the respondent-State.

6. The appellants and other similarly placed candidates along with the Principal of the respondent-College, made several representations requesting the respondent-authorities to take the examinations of C.P. Ed and D.P. Ed. courses for the academic sessions 1994-95 and 1995-96. It appears that on 26.11.1998, the Deputy Secretary (Art, Culture and Youth Department), Government of Bihar, wrote a letter to the Secretary of respondentBoard, directing the latter to conduct the postponed examination of the students of C.P. Ed and D.P. Ed for the academic sessions 1994-95 and 1995-96. It is the case of the appellants that on 18.12.1999, the Department of Art, Culture and Youth Affairs, Government of Bihar forwarded the list of the students to the respondentBoard who had to appear in the examination of C.P. Ed and D.P. Ed from respondentCollege for the sessions 1994-95 and 1995-

8. The appellants left with no other alternative remedy but to approach the High Court on 17.8.2006 by means of C.W.J.C. No. 8091/2006 seeking a writ of mandamus against the State of Biharrespondent No. 1, Joint Secretary (Art, Culture and Youth Affairs Department), Government of Bihar respondent No. 2, Director (Art, Culture and Youth Affairs Department), Government of Biharrespondent No. 3, Bihar School Examination Boardrespondent No. 4, Chairman, Bihar School Examination Boardrespondent No. 5, Secretary, Bihar School Examination Boardrespondent No. 6 and Vice Principal, Tirhut Physical Education Collegerespondent No. 7, to allow them to appear in the examination and thereafter publish their result. The appellants filed IA No. 3323/2006 praying for an interim direction to the respondentState to consider their applications for the posts of Physical Training Teachers during ensuing recruitment. The learned Single Judge on 19.8.2006 directed the respondent-State to consider the said request of the appellants.

9. On 12.09.2006, learned Single Judge dismissed the writ petition of the appellants primarily on the ground that on and with effect from the day of enforcement of the National Council for Teacher Education Act, 1993, the respondentCollege was de-recognised and as a result thereof the respondentBoard is not competent to allow the students to appear in the examination, who is pursuing or has pursued the course in a non-recognised institution.

10. Being aggrieved by the order of the learned Single Judge, the appellants preferred Letters Patent Appeal No. 697/2006 before the Division Bench of the High Court. The Division Bench, as stated above, dismissed the LPA on 24.01.2007. Hence, the appellants are before this Court by way of this appeal.

17. In the backdrop of the pleadings of the parties and documents appearing on record, the undisputed facts emerging therefrom are that both the appellants took their admission in C.P. Ed. and D.P. Ed. courses for the sessions 1994-95 and 1995-96 in the recognised respondent-College. The examinations for the said courses were to be held by the respondent-Board. The respondent-Board has not taken any steps to discharge its obligation and responsibility of holding the examinations for the sessions 1994-95 and 1995-96. On 18.12.1999, the Department of Art, Culture and Youth Affairs, Government of Bihar, forwarded a list of the eligible students who were to appear in the examination of C.P. Ed and D.P. Ed. courses from different Colleges in the State of Bihar for the academic sessions 1994-95 and 1995-96 to the respondent Board. The Secretary to the respondentBoard on 26.06.2001 wrote a letter to the Deputy Secretary, Department of Art, Culture and Youth Affairs, which reads as under:-

18. In reply to the above-said letter, the Deputy Secretary (Art, Culture and Youth Affairs Department), Government of Bihar, vide letter No. 19/12/98Youth dated 5.10.2002 requested the Examination Committee of the respondent- Board to conduct the examination for students of C.P. Ed. and D.P. Ed. course of the respondentCollege along with the examination proposed to be held for the students of Government Health and Physical Training College, Bihar, Rajendra Nagar, Patna. The Principal of the respondent College on 8.10.2002 also wrote a letter to the Secretary of the respondentBoard bringing to his notice the sad and miserable plight of the appellants and other students of the C.P. Ed. and D.P. Ed. courses for academic sessions 1994-95 and 1995-96 and requested the Examination Committee of the respondent Board to conduct the examination of those students along with the examination likely to be conducted for the Government Health and Physical Education College, Rajendra Nagar, Patna. The respondent-Board in November, 2002 conducted the examinations for C.P. Ed. and D.P. Ed. courses for the students of Government Health and Physical Education College, Rajendra Nagar, Patna, but it refused to admit the appellants and other students to take the examinations.

Thus, it is again requested as per the directions that send the list of the candidates of remaining three colleges be sent so that steps to hold the examination collectively could be taken.

Therefore, it is requested that the examination of sent-up students of C.P. Ed. and D.P. Ed. course of Tirhut Physical Training College, Muzaffar for the session 1994-95 to 1995-96 be conducted along with State Health and Physical Training College, Rajendra Nagar, Bihar, Patna.

22. We, in the interest of justice to the appellants, direct respondent Nos. 1 to 6 to permit the appellants to appear in the examination for the courses of C.P. Ed. and D.P. Ed. for the sessions 1994-95 and 1995-96 to be conducted by the respondent-Board on the next available opportunity in the near future and thereafter the result of the appellants shall be declared without loss of further time.

23. For the reasons afore-stated, the impugned judgment and order dated 24.01.2007 of the Division Bench of the High Court in LPA No. 697/2006 upholding the judgment and order dated 12.09.2006 of the learned Single Judge passed in C.W.J.C. No. 8091/2006 is not justified and cannot be sustained in law. It is, accordingly, set aside. The appeal is allowed accordingly. The C.W.J.C. No. 8091/2006 filed by the appellants in the High Court of Judicature at Patna shall stand allowed. However, the parties are left to bear their own costs.

24. We make it clear that the observations made by us are only prima facie and tentative observations for the disposal of this appeal and the same would not be construed as an expression of opinion on the merits of any future proceedings of any nature, if any, between the parties in this appeal.