Patna High Court
Case Details
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.19306 of 2012 ====================================================== Shamim Akhtar, Son of Late Rafique Ahmad, Resident Of Village - Harwa Danga, P.S. - Kocha Dhaman, District - Kishanganj .... .... Petitioner/s Versus 1. The State Of Bihar through the Chief Secretary, Government of Bihar, Old Secretariat, Patna 2. The Principal Secretary, Human Resources Development Department, Government Of Bihar, Bikas Bhawan, New Secretariat, Patna 3. The Director, Primary Education, Human Resources Development Department, Government Of Bihar, Bikas Bhawan, New Secretariat, Patna 4. The Director, Research and Training Government of Bihar, Bikas Bhawan, New Secretariat, Patna 5. The District Magistrate, Kishanganj 6. The District Education Officer, Kishanganj 7. The District Superintending Of Education Kishanganj 8. The Bihar School Examination Board, Sinha Library Road, Patna through Its Secretary 9. The Secretary, Bihar School Examination Board, Sinha Library Road, Patna 10. The Arajkiya Ismail Karim Primary Teacher Training College, Chaknoor, Rahmatpur, Samastipur through its Secretary 11. The Secretary, Arajkiya Ismail Karim Primary Teacher Training College, Chaknoor, Rahmatpur, Samastipur .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Shailesh Kumar Sharma For the Respondent State: Mr. Rajesh Kumar GP8 For Bihar School Examination Board: Mr. Satyabir Bharti ====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL ORDER 6 07-01-2013 The present writ application has its origin in CWJC No.18795 of 2010, which was also filed by the writ petitioner under the circumstance which has already been dealt with in the order passed in the said writ on 07.1.2013. In a way there is co-relation between the two writ 2
Legal Reasoning
Patna High Court CWJC No.19306 of 2012 (6) dt.07-01-2013 2 / 7 applications though issue raised therein may be different. Petitioner in the present writ application has raised the issue of the validity of his so-called primary teachers degree which he had obtained from what was known as Ismail Karim Primary Teachers Training College, Chaknoor, Rahmatpur, in the district of Samastipur. It is his stand that he sat in the basic teachers training examination for the academic session 1985-87. Results were declared, mark-sheets have been issued but now after so many years the issue of validity of the said degree or examination is sought to be raised, if not annulled by the action of the respondent authority, especially Bihar School Examination Board by way of Annexure-1. Anneuxre-1 is a Press Communiqué issued on 3rd April, 2011 by virtue of which, according to the counsel for the petitioner, the result of the institution for the session 1984-86 and 1985-87 is sought to be cancelled including the mark-sheets etc. which have been issued at the relevant time by virtue of judicial directions.
Legal Reasoning
The contention of the counsel for the petitioner is that this is not permissible especially when the petitioner had sat in the examination and had come successful as would be evident from the mark-sheets and the certificate issued by the Bihar School Examination Board. There cannot be retrospective cancellation of 3 Patna High Court CWJC No.19306 of 2012 (6) dt.07-01-2013 3 / 7 the mark-sheets and the results in the year 2011 on the basis of so- called de-recognition of the institution on 26.6.1992. On the face of it submission of the counsel for the petitioner was rather attractive but a deeper look into the records and the historic background under which such litigation had arisen throws up yet another picture on the issue. From a perusal of the stand taken by the Bihar State Examination Board and the supporting materials annexed thereto, it is evident that at a point of time large number of institutions of such kind imparting B.Ed. Degree or Basic Teachers Training Degree started mushrooming across the State. Majority of the institutions had no valid recognition from the State of Bihar but admissions were taken and courses were imparted, which was not recognized by the State so no examination was conducted by the Examination Board. Naturally some of the students were instigated to approach the High Court under the garb of their future and on the plea that they cannot be blamed for the action of the institution, as their future was at stake. Taking cue from the observation of the Hon`ble Apex Court, which is part of Anneuxre-4 to the present writ application, a Division Bench of the High Court also passed an order giving a direction to hold examination and subsequently declare the results. 4 Patna High Court CWJC No.19306 of 2012 (6) dt.07-01-2013 4 / 7 The Court has gone through both the orders. It is evident that both the Apex Court as well as the High Court was clear in its mind that the institutions in question did not have recognition. Direction for declaration of the result was because of holding of the examination earlier (again by a judicial order) was only with the object of declaration of result. This would however not confer any kind of recognition to the degree, till the State Government granted recognition to the institutions in question. It is evident from reading of Anneuxre-1 and the supporting materials in the counter affidavit that as far as in the year 1992 State Government rejected the recognition of the this institution at least, if not others and this fact was widely known. Declaration of the result by itself did not amount to anything because in absence of recognition to the degree or the institution the mark- sheets was like a counterfeit note not having any value of the denomination printed therein. Yet another significant document which is on record is a press communiqué issued as far back as in the year 1994, which is Annexure-A to the counter affidavit of Bihar School Examination Board. This contains a list of more than hundred institutions which were being run illegally contrary to earlier directive of the Hon`ble Apex Court as well as in contravention of such law and 5 Patna High Court CWJC No.19306 of 2012 (6) dt.07-01-2013 5 / 7 rules promulgated in the State of Bihar. The name of this institution also figures at serial No.136. Attention of the Court has also been drawn to an identical issue raised by yet another similarly situated student of the institution who had approached the High Court by filing CWJC No.10364 of 2006. This matter was heard and decided on 12.9.2006. What is significant in this order is reproduced hereunder: “The order, as quoted above, makes it abundantly clear that the results of the students shall be published but such results shall be subject to recognition of the said College. That means that in the event, the College is recognized, the students shall be entitled to the benefit of the results but in the event the College is not recognized, the students will not be entitled to the benefit of the results. Inasmuch as the College has not been recognized, despite the result, the petitioner cannot take the benefit of the result. What would he do with the result, which is meaningless. The Court’s order dated 15th January, 1992 has reached finality.” If this is the legal position which has been settled by the High Court earlier in the above referred order, then the case of the present petitioner is no different. The publication of his result is of no avail to him. Degree is not recognized or valid in the eye of 6 Patna High Court CWJC No.19306 of 2012 (6) dt.07-01-2013 6 / 7 law. Therefore, he cannot claim any benefit for appointment as a primary teacher under the State of Bihar, at least. It is also clarified that the contention of the petitioner that the action of the Bihar School Examination Board in issuing Annexure-1 at such belated stage and cancelling the results is obviously in the teeth of the decision or directions of the High Court issued earlier, does merit consideration to the extent that the mark-sheets issued to the petitioner cannot be cancelled by the Examination Board as such because the declaration of result was by virtue of a judicial direction but it is clarified that Press Communiqué contained in Annexure-1 would only mean that the degree or the mark-sheets so obtained by the petitioner is of no value or cannot beget him any employment under the State of Bihar since it was never recognized and the declaration of the result was limited for the purposes of declaration of result only and not conferring any recognition to the degree as would be evident from a similar view which has been quoted in early part of the order. Writ application therefore is dismissed. It is further clarified that by virtue of dismissal of the present writ whatever order may have been passed in CWJC No.18795 of 2010 will not beget any right to the petitioner to re- 7 Patna High Court CWJC No.19306 of 2012 (6) dt.07-01-2013 7 / 7 agitate his claim for appointment as a Panchayat Teacher. (Ajay Kumar Tripathi, J) R.K.Pathak/-