JAMIL AKHTAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) BY this Letters Patent Appeal under Clause 10 of the Letters Patent the challenge is made against the judgment of the learned Singie Judge recorded in CWJC No. 1624 of 2006 on 23.3.2006, whereby, the prayer for declaration of results of the theoretical examination held for the Sessions 1986 -87 and of the practical examination held in the year, 1989 came to be rejected.

(2.) THOUGH , it is a pitiable case for the students but the court is obliged to consider the legal proposition on the point. In a similar situation, one matter in the case of Arajkiya Khwaja Shahid Hussain Primary Teacher Training College V/s. The State of Bihar & Ors., 2005(4) PLJR 607, has been decided by the Hon ble Apex Court and the learned Single Judge has relied on the said decision and has, also, rightly dismissed the writ petition under Article 226 of the Constitution of India. Hence, this Letters Patent Appeal.

(3.) LET it be mentioned that in a latest law of the land propounded by the Hon ble Apex Court in Minor Sunil Oraon Tr. Guardian & Ors. V/s. C.B.S.E & Ors., 2007(1) PLJR (SC)69, on a similar point it has been held that in absence of requisite recognition or affiliation, if education is imparted or examinations are conducted, the writ court will not interfere and not only that, it has been further held that the students of unaffiliated or unrecognized institution cannot claim any relief on equitable ground. It is further held that though the ultimate victims are innocent students but their plea for granting relief cannot be accepted.