ASSOCIATION OF INTER EXAMINEE STUDENTS OF SHRI ANUGRAH NARAYAN SINGH COLLEGE Vs. BIHAR SCHOOL EXAMINATION BOARD

JUDGEMENT

(1.) This application for review has been filed by the Association of Inter Examinee Students (Session 2009-11) of Shri Anugrah Narayan Singh College, Motihari for review of the order dated 30th September, 2010 made in above C.W.J.C. No. 9627 of 2010 reported in, 2011 (1) PLJR 125. The ground for review is that the concerned students studying in the aforesaid Shri Anugrah Narayan Singh College, Motihari had no opportunity of hearing before this Court.

(2.) The above C.W.J.C. No. 9627 of 2010* was filed in public interest against the action of the Bihar School Examination Board in giving code number to the aforesaid Shri Anugrah Narayan Singh College, Motihari. The allegation was that the said college was not recognized, nevertheless, it had been given code number so as to allow it to send its students for Board Examination. In order under review, we have observed that the said College had no recognition, it should, therefore, be not given the code number. In absence of recognition or affiliation to the Bihar School Examination Board the said College was not entitled to admit students nor the students were entitled to take the Board Examination. In view of the said finding, we had set aside the action of the Bihar School Examination Board in granting code 'number to the said College and observed that the legal consequences shall follow. Consequently, the students admitted by the said College are not allowed to take the Board Examination.

(3.) Learned Counsel Mr. Giri has appeared for the applicant. He has submitted that the students were not party to the petition. They were not aware of the status of the said College. The aforesaid order, therefore, should be treated as prospective and the students of. the academic term 2009-11 be allowed to take the Board Examination.