STATE OF BIHAR Vs. MD. ADIL RASHID

JUDGEMENT

(1.) The State of Bihar preferred this appeal, feeling aggrieved by the order dated 24.10.2011 passed by the learned Single Judge in CWJC No.4560 of 2007. The writ petition was filed by the respondents 1 to 5 herein, against the appellants and the respondents 6 to 8 herein.

(2.) The case of the respondents 1 to 5 is that they joined Soghara College of Education, Biharsharif, Nalanda-8th respondent herein (for short, 'the College') in the B.Ed. course for the 1985-86 sessions, and they had also been issued the provisional mark sheets and a certificate in the year 1990 by the Magadh University, Bodh Gaya-the 6th respondent. Their grievance was that the appellants did not include the name of College in the context of eligibility of the candidates holding B.Ed. degree for the post of teacher. They pleaded that the College was affiliated to the University, and once the provisional certificate is issued, there is no reason why the College be not included in the list of institutions.

(3.) The appellants as well as the University opposed the writ petition. They pleaded that neither at the time of alleged admission of the respondents 1 to 5 in B.Ed. course; nor at later point of time, the College was affiliated with the University and it ceased to exist for the past few decades ago. Attention of the Court was also drawn to the order dated 12.09.2006 passed by this Court in CWJC No.7515 of 2006, which was filed by an institution, similarly situated as 8th respondent herein.