LAWS(PAT)-2009-11-81

MAHATMA GANDHI INTER COLLEGE, JEHANABAD Vs. STATE OF BIHAR THROUGH SECRETARY-CUM-COMMIS- SIONER, EDUCATION DEPARTMENT, GOVERNMENT OF BIHAR

Decided On November 17, 2009
Mahatma Gandhi Inter College, Jehanabad Appellant
V/S
State Of Bihar Through Secretary -Cum -Commis - Sioner, Education Department, Government Of Bihar Respondents

JUDGEMENT

(1.) HEARD learned Counsel for the petitioners and the learned Counsel for the Bihar School Examination Board (hereinafter referred to as 'the Board '), the successor body of the Bihar Intermediate Education Council (hereinafter referred to as 'the Council ').

(2.) THE petitioner institution seeks the relief for acceptance of fees and forms of its students for appearing at the ensuing Intermediate Examination in Arts to be held by the Board. The submission made on behalf of the petitioners is that it was granted regular and permanent affiliation after its establishment in 1983 when till 2004 its students were allowed to appear in the Arts Examination conducted by the Council. The Tabulation Register in between the year 1985 to 2004. are sought to be relied upon. During the period 2005 to 2007 the matter for extension of affiliation was pending before the respondent Board. During this period the students of the petitioner institution could not appear in the Intermediate examination conducted by the Board for the aforesaid reasons. Later the Board extended the affiliation from 2007 to 2009 by an order dated 6.12.2007. It is urged that the Board was well aware that the petitioner institution was taking admission of students for the session 2008 - 2010 and never objected to it. Therefore there is no justification for the Board not to accept the fees and forms of the students for the examination.

(3.) LEARNED Counsel for the Board has filed a counter affidavit. It states that the students of the Institution had appeared in the examination till the year 2004. Since 2005 to 2009 not a single student had appeared in the Intermediate Examination. Strong reliance is placed on sub -rules (23) and (24) of Rule 7 of the Bihar Intermediate Education Council (Establishment of College and Conduct of Examination) Rules, 1994 (hereinafter referred to as 'the Rules '), to contend that by its own conduct the institution rendered itself liable to non -affiliation and for that reason no permission can be given to the students to appear for the examination 2008 -2010 as the recognition/approval granted had automatically lapsed.