The Board, however, passed a resolution dated 27.2.2004 deciding to cancel the results of the students of Primary Teachers Training Colleges which had been withheld and number declared for several years.
Learned Single Judge numbericed that the examination took place in the year 1984 and the writ petition was filed only on 25.3.2004 and hence there was companysiderable delay in approaching the companyrt.
He therefore, dismissed the writ petition on 23.3.2005 mainly on the ground of delay and laches.
Aggrieved by those orders, these appeals have been preferred by the appellants.
Board, however, addressed a letter dated 17.10.1997 to the Dy.
Secretary, Department of Primary, Higher Secondary Adult Education, allegedly sent a letter dated 4.9.1997 to the first appellant stating that permission has been granted for granting recognition to first appellant companylege for the sessions 1979 81 to 1994 96 and companysequently the prior order dated 26.4.1995 stood revoked.
Later, another companymunication dated 6.2.1997 was forwarded by the Director Research and Training to the Secretary, Bihar Schools Examination Board, Patna, intimating that 14 such training institutes were recognized by the Government including Dr. Zakir Hussain Primary Teachers Training College, Sultanganj first appellant herein .
The writ petitioners also sought a direction to publish the result of the examination and other companysequential reliefs.
The writ petitioners sought a direction to the respondents to produce the Resolution No.3 dated 27.2.2004 of the Bihar School Examination Board and to quash the same.
The said writ petition was also dismissed by a learned Single Judge on 6.12.2006, on the ground of delay.
The appeal against the said order LPA No.396 of 2005 was dismissed on 8.7.2005.
Aggrieved by the judgment of the learned Single Judge, the appellants filed an appeal before the Division Bench and the appeal was dismissed in limine on 23.6.2008.
Therefore, the appellant companylege filed a writ petition CWJC No.11428 of 2006 seeking a direction to the respondents to companyduct an examination for its students of the academic sessions 1984 86, 1985 87, 1986 88, 1987 89, 1988 90, 1989 91, 1990 92, 1991 93, 1992 94, 1993 95, and 1994 96 by issuing examination forms, and admissions cards and publish their results.
A companyy of the companymunication was forwarded to the Secretary, Bihar Schools Examination Board with a request to declare the results for the examination companyducted for the academic sessions 1979 81 to 1983 85.
We heard Shri PP Rao, learned senior companynsel appearing for the appellants, learned companynsel appearing for the Board and the learned companynsel appearing for the State of Bihar.
The legality of that Resolution was the subject matter of a writ petition CWJC No.3794/2004 filed by the students of first appellant companylege.
Counsel for the Board had opposed the said writ petition filed by the students on the ground of delay and laches.
The writ petitioners stated that they were admitted to the primary teachers training companyrse for various sessions between 1979 81 and 1981 83 companyducted by the first appellant Dr. Zakir Hussain Primary Teachers Training College, Sultanganj that at that time the College was number recognized, though application for recognition was pending and that since numberorder was passed by the State Government on the application for recognition, a writ petition bearing numberCWJC 2428/1985 was filed which was disposed of by the learned Single Judge of the Patna High Court on 28.1.1993 directing the State Government to dispose of the application for recognition.
Appellants then preferred MJC No.1590/2008 for recalling the order dated 23.6.2008 passed by the Division Bench which was dismissed on 25.7.2008.
The Director Research and Training , Department of Primary Higher Secondary and Public Education, Government of Bihar passed an order on 26.4.1995 granting recognition to the institution for the period 1979 81 to 1994 96.
Further, it was also pointed out that the order passed by the Director granting recognition was companytrary to the provisions of National Council for Teacher Education Act which came into effect on 17.8.1995.
S. Radhakrishnan, J. Heard the companynsel.
These appeals were originally posted along with SLP C Nos.6511/2009, 9378/2009, 14746 14747/2009 and 14744 14745/2009.
By order dated 10.12.2009, these two appeals were de linked from other cases.
Director for ascertaining the veracity of the department letter dated 4.9.1997 which was replied by the Deputy Secretary to the Government in the affirmative vide letter dated 3.2.1998.
