NIWASH YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard the parties.An intervention application has been filedto support the stand of the writ petitions. Let the same be kept on record. However, in view of the order proposed no separate order need to be passed with regard to the intervention application.

(2.) This writ petition has been filed in representative capacity by two petitioners. Petitioner No. 1 claims to be the President of the Students Union in the district of Siwan and petitioner No. 2 has claimed to be the General Secretary of an Association of Schools which have received permission for establishment but have not been recognised. The prayer made in this writ petition is to direct the authorities especially the Administrator and Secretary of Bihar Secondary School Examination Board to allow those students to appear in the secondary examination for the year 2000 who have got themselves registered in different schools of Siwan district which have received permission for establishment and who have passed the sent up examination held by recognised schools. Further prayer is that forms and fees of such students should be accepted by the Examination Board.

(3.) It appears that as per an advertisement contained in Annexure-1 the last date of submitting registration form for the secondary examination of the year 2000 was 30-6-1999. Different schools in the district of Siwan forwarded registration forms of students with necessary charges which were deposited in the office of the District Education Officer, Siwan. The case of the petitioners is that the concerned students had passed the sent up examination held by recognised schools and, therefore, the District Education Officer sent the registration forms received in time to the Examination Board. It is further case of the petitioners that the Examination Board accepted the registration forms and the fees but is not allowing even the bona fide students who have pursued their studies in schools which were granted permission for establishment and who have passed the sent up test and are entitled to appear as private candidates through recognised schools as per policy decision of the Examination Board evident from notification dated 13-7-1996 (Annexure 12 to the supplementary affidavit). The petitioners' grievance is that the Examination Board has arbitrarily decided to cancel the registration already granted to such private students without any valid reason and is arbitrarily refusing to accept forms and fees from such students of Siwan district whose number is stated to be quite large.