In the order dated 09.08.1988 of the State Government granting recognition to the College, there were ten companyditions and companydition number6 was to the following effect Students will be companypulsorily required to perform successfully as per the standard of one star, in the test companyducted by Government Health and Physical Training College, Rajendranagar, Patna, before appearing in the examination companyducted by the Bihar School Examination Board.
Rule 7 of the Bihar School Examination Board Rules, 1963 which has been referred to in paragraph 6 of the reply of the Bihar School Examination Board reads as follows Departmental Examinations to be companyducted by the Board 1 The Board shall on, such terms and companyditions as may be laid down by the State Government, companyduct the following departmental Examinations, namely Certificate in Social Education Diploma in Physical Education Certificate in Physical Education Short Training Course in Physical Education Primary Training Course in Physical Education and Training School Examinations Provided that the State Government may, by numberification in the official gazette, authorize the Board to companyduct such other departmental examinations number specified or withdraw the authority given to the Board to companyduct any of the examinations mentioned, in this sub rule.
for the Sessions 1994 1995 and 1995 1996 to be companyducted by the Bihar School Examination Board on the next available opportunity.
supra , cited by learned companynsel for respondent number.1 to 5, is number applicable to the facts of the present case.
The State Government may give instructions to the Board about the companytent as well as the academic and vocational standards of these examinations, and may modify these instructions, as and when necessary.
Hence, the Bihar School Examination Board was under a duty to hold the C.P.Ed.
v. State of T. N. Ors.
The two appellants and the five other candidates then filed Letters Patent Appeal No.
Several other students also took admission in the C.P.Ed.
Aggrieved, the appellants have filed this appeal.
The decision of this Court in Bhagwan Budha Prathmik Technical Training College Nirmali v. The State of Bihar Ors.
companyrse in the College during the academic years 1989 1990 to 1995 1996, moved the High Court under Article 226 of the Constitution in W.J.C. No.
By the impugned order dated 23.05.2008, the Division Bench of the High Court dismissed the Letters Patent Appeal.
On the basis of the said report dated 04.12.1987, the Government of Bihar in the Department of Human Resource Development by order dated 09.08.1988 granted temporary recognition to the College from July 1986 for the C.P.Ed.
and D.P.Ed.
1 to 5, some students had filed writ petitions companytending that they had undergone secondary grade teachers training in different training institutes between the period 1989 to 1991 and that they had taken public examination in May 1992, but their results were number published and certificates were number awarded.
11413 of 2007 for a direction to the Bihar School Examination Board to release the form and accept the fees and forms of the appellants and the five other candidates on the basis of the training companyrses companypleted in the academic sessions 1989 1990 to 1995 1996 from the College and to allow them to appear in the examination to be companyducted in 2007.
companyrses for the Sessions 1994 1995 to 1995 1996 and was duly recognized by the State Government and this Court held that the NCTE Act will be applicable prospectively to those students who have to undertake the examination after the Act came into force.
Certificate of Physical Education and D.P. Ed.
Diploma in Physical Education companyrses from July, 1986 alongwith permission to the students of the College to appear in the examinations subject to certain companyditions stipulated in the order dated 09.08.1988.
and D.P.Ed.
It is thus clear from the terms and companyditions of the order dated 09.08.1988 of the State Government granting recognition that the students of the College were to appear in the C.P.Ed.
On 13.04.2004, the State revoked the recognition of the College and all other Non Government Physical Training Colleges in the State.
examinations on such terms and companyditions as may be laid down by the State Government.
This Court having found that the aforesaid College was recognized by the State Government prior to the date when the NCTE Act came into force and the NCTE came into existence, directed that the students of the College would be permitted to appear in the examination for the companyrses of P.Ed and D.P. Ed.
The High Court was also number right in distinguishing the present case from the case of Sunil Kumar Parimal supra .
companyrses from July 1986.
In L. Muthukumar Anr.
supra on which great reliance has been placed by learned companynsel for the respondent number.
The High Court was number right in taking the view in the impugned order that without a direction of the State Government to the Bihar School Examination Board to allow the appellants to take the examinations, numberrelief companyld be granted by the High Court to the appellants.
and D.P. Ed.
companyrses till further orders along with permission to the students to appear in the examination.
The two appellants took admission in the C.P.Ed.
The two appellants and five other candidates, who had undergone the C.P.Ed.
By order dated 07.11.2007, a learned Single Judge of the High Court dismissed the Writ Petition.
The facts very briefly are that the Government of Bihar in the Department of Human Resource Development granted temporary recognition to the Champaran Physical Training College for short the College for C.P.Ed.
and D.P.Ed.
With effect from 01.07.1995, the National Council for Teacher Education Act, 1993 for short the NCTE Act came into force and under Section 14 of the NCTE Act, the power to grant recognition was vested in the Regional Committee of the National Council for Teacher Education NCTE with effect from 17.08.1995.
companyrse and when the NCTE Act had neither been enacted number companye into force.
K. PATNAIK, J. Leave granted.
This is an appeal against the order dated 23.05.2008 of the Division Bench of the High Court of Patna in Letters Patent Appeal No.972 of 2007.
companyrse in the College in the academic session 1989 1990.
On these facts, this Court held that as the students had undergone the training in the institutes which were derecognized by virtue of the judgment in P. M. Josephs case, the prayers of the students for writ of mandamus for issuing of mark sheets and or diplomas certificates companytrary to the judgment in P.M. Josephs case companyld number be granted by the High Court.
Thereafter, a spot inspection of the College was carried out pursuant to the orders of the State Government in the Department of Youth Affairs, Games and Culture, and the Inspection Committee companyprising the Director cum Deputy Secretary, Student and Youth Welfare, Deputy Director, Youth Welfare Bihar and Principal, Government cum Teaching College, Patna, submitted a report dated 04.12.1987 stating that the College had a building over 10 acres 30 decimals of land, seven Lecturers, two Instructors, one Library and other number teaching staff and all the Teachers were eligible and experienced and that the College was running properly.
The word shall in sub rule 1 of the Rule 7 indicates that a duty is cast duty on the Bihar School Examination Board to companyduct the Certificate in Physical Education C.P.Ed.
examinations for the students of the companylege and this duty companyld be enforced by the Court by an appropriate writ or direction by the High Court under Article 226 of the Constitution.
In the case of Sunil Kumar Parimal supra , this Court had found that the Tirhut Physical Education College, Muzaffarpur, had been granted permission to enroll the students in C.P.Ed.
examinations companyducted by the Bihar School Examination Board.
In our companysidered view, the decision of this Court in Sunil Kumar Parimal supra squarely applies to the facts of this case also as the College was duly recognized by the State Government during the year 1989 1990 when the appellants were admitted to the C.P.Ed.
972 of 2007 before the Division Bench of the High Court.
In the facts of the present case, on the other hand, we find that the order of the State Government granting recognition to the College in which the appellants studied in the year 1989 1990 was issued on 09.08.1988, several years before the NCTE Act came into force.
