KULA NAND JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) PETITIONER by this writ application has challenged the notification issued by the State Government by which it has directed the Bihar School Examination Board to hold the examination of the petitioner for the Physical Teachers Training Course. The notification (Annexure -16), in terms, directs the students to appear in another institution for sent up examination and then to fill up and submit their forms to the Board without fixing any date for final examination.

(2.) IT is submitted that the sent up examinations are internal examinations, which could not be held in another college. Thus, in effect, the petitioner wants that notification be re -issued by the State Government merely directing the Board to conduct the examination of the petitioner and then leave it to the Board to do its job. On behalf of the Examination Board, it is submitted that the students are of the batch 1987 -88 and after the National Council for Teachers Education Act came into force on 17.8.1995 it was extended to Physical Teachers Training Course with effect from 17.8.2005. The institution of the petitioner is yet to get recognization. Under these circumstances, reliance was placed on several judgments of this Court including Division Bench judgment to show that where the institution had either not applied or was de -recognized on coming into force of the National Council for Teachers Education Act, examination even for past batch could not be permitted. Principally, reliance was placed on a recent Division Bench judgment rendered in L.P.A. No. 972 of 2007 on 23.5.2008 and a Single Judge decision of this Court in CWJC No. 6335 of 2006, dated 22.9.2006.

(3.) AT the Bar, it is submitted that the order in the case of P.T. Usha Physical Training College, Motihari has been dealt with by the Division Bench as well.