BIHAR SCHOOL EXAMINATION BOARD Vs. MISBAHUZZAMAN

JUDGEMENT

(1.) The Bihar School Examination Board (for short 'the Board') and its officers are appellants in this appeal and are aggrieved by order of the learned single Judge dated 27-11-2000 : (2001 (1) Bihar LJ 203), passed in C.W.J.C. No. 10978 of 2000, whereby he has cancelled the communication dated 12-9-2000, issued under the signature of the Assistant Secretary of the Board, informing the Principal of M.A.A. High School, Patna city (respondent herein), that the Project Schools, Minority Schools, and Proprietary Schools have no right to sponsor the candidature of the private students for appearing in the ensuing secondary school examination (for short 'the examination') conducted by the Board and further directing that they may forward registration forms/applications of the aforesaid students to appear in the examination through Government High School or Nationalised High School as private candidates. The learned single Judge has also directed that the registration forms/applications of the eligible students of the respondent-school should be accepted so as to allow them to appear in the examination to be conducted in 2001.

(2.) The controversy in this case is as to whether the private students should be allowed to appear in the examination conducted by the Board through the Government School or Nationalised School, or their candidature can also be sponsored by the Minority Schools, Project Schools, Proprietary Schools or the schools having been granted permission for establishment.

(3.) The State Government enacted Bihar School Examination Board Act, 1952 (for short 'the Act') with a view to establish a School Examination Board for holding and conducting examination at the end of the secondary school education stage, for prescribing course of studies for such examination and generally for carrying out such other objects or duties as may be considered necessary. Section 3 of the Act provides for establishment and incorporation of the Board and Section 6 deals with the functions of the Board. Second 17 empowers the Board to make regulations with regard to the matters enumerated therein. The relevant regulation for the purpose of this appeal is 17(b), which provides that the Board may make regulation with regard to condition under which the students shall be admitted to the examination of the Board. The Board, in exercise of the aforesaid power, framed Regulations in the year 1967, which have been confirmed by the Government as provided under the Act. Chapter IV of the Regulations deals with the conditions under which students shall be admitted to the Secondary School Examinations of the Board. Article 1 of the said Regulations provides, inter alia, that subject to such conditions as may be specified by the Board from time to time, every recognised secondary School in the State of Bihar shall be eligible to send up candidates for the Board's Secondary or Higher Secondary School Examination as the case may be and regarding private candidates, Article 3 of the said Chapter provides that a candidate who has not attended any recognised secondary school as pupil at any time during one year immediately preceding the examination in which he wants to appear may be admitted to the Board's Secondary School Examination as a private candidate on fulfilment of the conditions mentioned in the said regulations. Articles 1 and 3 of the said regulations are relevant for this appeal and as such they are re-produced below :-"1. Eligibility of School :- (i) Subject to such conditions as may be specified by the Board from time to time, every recognised Secondary School in the State of Bihar shall be eligible to send up candidates for the Board's Secondary or Higher Secondary School Examination as the case may be.(ii) Every Secondary School shall (a) Supply to the Board on or before such dates as may be fixed by the Board such returns and information as may be required by the Board from time to time.(b) maintain such registers and records of the students sent up by the School as may be required by the Board from time to time.(c) carry out and observe such instructions in connection with the Board's examination as may be issued by the Board from time to time and shall give necessary facilities for the conduct of the Board's examination.(iii) The Board may recommend to the Board of Secondary Education or other appropriate authorities the withdrawal, cancelling or suspension of recognition of any high school on one or more of the following grounds :