RAM YATAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is an application under Articles 226 and 227 of the Constitution of India for issuance of a writ quashing orders by which petitioners Nos. 2 and 3 have not been allowed to sit at the secondary school examination conducted by the Bihar School Examination Board.

(2.) The first petitioner claims to be the proprietor, founder and headmaster of a school called Ram Nagina Singh Seminary situated at Nasriganj within Danapur Police Station, in. the district of Patna. The other two petitioners claim to be students of that school. Their case is that having finished their courses of study at the aforesaid school, they had made applications for being enrolled as candidates at the secondary school examination to be held in March, 1974 which is conducted by the Bihar School Exainitiation Board. They had filled up the necessary forms and paid necessary fees and had been registered as such candidates. This school was, however, not recognised by the Bihar Board of Secondary Education on a permanent footing. It used to receive recognition from year to year. It had been so recognised until the end of December, 1972. It used to receive Government aid also until that date. It appears, however, that a report (Annexure 1) was made to the Education Department by the District Education Officer that there was no such school in existence. This report led to an enquiry in respect of the matter which is said to be pending before the Board of Secondary Education. As a result of the report, however, the President of the Board of Secondary Education sent a notice to petitioner No. 1 to the effect that the students of that school would not be allowed to appear in the examination, a copy of which is Annexure 2. On the basis of the aforesaid order, the Secretary of the Bihar School Examination Board sent an order (Annexure 3) to petitioner No. 1, the headmaster, saying that application of petitioners Nos. 2 and 3 were returned since it was not possible under the rules to accept them and asked that the two petitioners be informed thereof. The present application is, therefore, for quashing of the orders contained in Annexures 2 and 3.

(3.) By a supplementary affidavit petitioners have stated that the fact that there was no such school in existence is incorrect and in this respect the Secretary of the school had filed a rejoinder before the Board of Secondary Education and the matter is still pending and no final decision has been taken up by the Board. The complete list of the students whose forms and fees had been sent has also been attached to this petition as Annexure 4.