ARYA PRATHAMIK TEACHERS SIKCCHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioners herein and the intervenors, who have joined them, have maintained that Arya Samaj, which is a religious minority in the State of Bihar, established Arya Prathamik Teachers Sikchha Mahavidyalaya at Chhatwara Raibhan, P. S. Mahua district Vaishali for imparting training to primary school teachers at a meeting held on 15 -5 -1979 and resolved accordingly. The institution, thus, established, created necessary funds and arranged for such training in the same year. Students who completed two years session in 1983 -85 and obtained intensive teachers training as per the course of studies, however, were denied permission to appear in the examination conducted by the Bihar School Examination Board. The petitioners found it irreparable if students were denied permission to appear in the examination and accordingly moved this Court.

(2.) Students of the session 1983 -85 were allowed to appear in the examination. Their results, however, have been withheld awaiting final adjudication. Students who completed two years session in 1984 -86 and 1985 -87 have also been allowed to deposit their fees and forms. Their examination, it is said, is scheduled sometimes in May 1988.

(3.) The contentions would have remained confined to the question whether students of the petitioners' institution should be allowed to appear in the examination or not had the respondent -State not raised a controversy as to the fulfilment of the conditions of recognition and not produced before this Court a communication by the Joint Secretary to the Government in the department of Education dated 31 -7 -1986 to the effect that recognition was not granted to the petitioners' institution, for it failed to fulfil certain prescribed conditions as enumerated in the said communication. This has introduced a new dimention and learned counsel for the parties have taken us through the various statements of facts and the provisions of law applied to the institution of the petitioners.