LEENA Vs. STATE OF H.P.

JUDGEMENT

(1.) UNDER challenge, in this Bunch of writ petitions, except writ petition Bhawana Sharma v. State of H.P. and Ors. (C.W.P. No. 622 of 2004), to which we shall advert little later, is the action of the respondent State rejecting the request of the Principal of Rameshwari Teachers Training Institute Sarabai Bhunter District Kullu ("Institute" for short) for permission to declare the result of the petitioners who were admitted in the Institute for the Two years J.B.T. Course for the Academic Session 1999 2901 and the directions of the State Government (Respondent No. 1) to the Examining Body, respondent No. 2, H.P. Board for School Education ("Board" for short) to cancel the result of the petitioners who were ineligible for admission to the J.B.T. Course run by the Institute. The Background.

(2.) FOR convenience, the documents shall be referred to in CWP No. 1178 of 2004.

(3.) HOWEVER , the State Government by a communication dated October 28, 1999 (Annexure R2/4) addressed to the Board, informed the Board that the Government has issued no objection certificate to the Society for running JBT classes from the session 1997 99 onwards and, therefore, the Board may take further necessary action under the relevant rules ensuring that all the code formalities are completed. The NOC was granted by the Government when the students admitted by the Institute had completed maximum of two years of the JBT course. The Institute or the Society even at that time had not obtained recognition from the NCTE and affiliation from the Board. The recognition and affiliation of the Institute was necessary requirement for admission of the students to JBT two years course under the National Council For Teachers Education Act, ("Act" for short). Nevertheless, in view of the directions of the State Government, admission forms for JBT I examination were supplied to the Institute requesting the Institute to supply the approved list of the candidates for the session 1999 2001 under intimation to the State Government. The approved list was not supplied by the Institute or the Society. By that time, even the students admitted for the session 1997 1999 had not taken the examination.