LAWS(PAT)-2007-8-155

SURESH KUMAR ROY Vs. STATE OF BIHAR WITH

Decided On August 10, 2007
Suresh Kumar Roy Appellant
V/S
State Of Bihar with Respondents

JUDGEMENT

(1.) IN both these Letters Patent Appeals under clause 10 of the Letters Patent of the Patna High Court, common questions of law are involved.

(2.) Therefore, upon request of the learned counsel for the parties, they have been heard together and are taken up simultaneously for decision by this common judgment. While in L.P.A. No. 109 of 2007, the challenge is against the order of the learned Single Judge, dated 6.11.2006, recorded in CWJC No. 9325 of 2006, in LPA No. 160 of 2007, the challenge is against the order, dated 27.9.2006, passed in CWJC No. 5436 of 2006 by the learned Single Judge. By the impugned orders, both the writ applications came to be dismissed, firstly, on the ground that list of recognized Teachers ' Training Colleges did not include the college, namely, Rahmania Primary Teachers ' Training College, Chit Bhagwatipur, Chandwara, District Muzaffarpur (Training College), where the original writ petitioners, appellants before us, studied and secondly, that the examinations in question were held in the years 1988 and 1989, whereas, writ petitions came to be filed in the year 2006, i.e., after long delay of more than 15 years. Therefore, it suffers from the vice of delay, laches and acquiescence.

(3.) THERE is no dispute about the fact that in both the cases the original writ petitionersppellants were admitted and received training in the Training College, which is not a recognized institution. The original writ petitioners -appellants, having passed the matriculation examination, had taken the admission in the said training college for the academic sessions 198688 and 1987 -89. After completing the course, they appeared at the examinations conducted by the Bihar School Examination Board, but their results have not yet been published. Therefore, the original writ petitioners - appellants approached earlier on several occasions the respondents -authorities to publish the result, but their efforts ended in smoke. As a measure of last resort, they knocked the door of justice by way of filing writ applications under Article 226 of the Constitution for publication of their result by the respondent Examination Board which came to be dismissed on the aforesaid two grounds, as stated hereinbefore.