- (1.) Heard the counsel. These appeals arise out of the judgment of the Patna High Court in LPA No. 99 of 2007 (arising out of CWJC No. 11428 of 2006) dated 23.6.2008 and the order dated 25.7.2008 in MJC No. 1590 of 2008 rejecting the application for modification of the judgment dated 23.6.2008. 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.
(2.) 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. A copy of the communication was forwarded to the Secretary, Bihar Schools Examination Board with a request to declare the results for the examination conducted for the academic sessions 1979-81 to 1983-85. Later, another communication 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). 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 college for the sessions 1979-81 to 1994-96 and consequently the prior order dated 26.4.1995 stood revoked. Board, however, addressed a letter dated 17.10.1997 to the Dy. 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.
(3.) 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 not declared for several years. The legality of that Resolution was the subject matter of a writ petition - CWJC No. 3794/2004 filed by the students of first appellant college. 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 writ petitioners also sought a direction to publish the result of the examination and other consequential reliefs. The writ petitioners stated that they were admitted to the primary teachers training course for various sessions between 1979-81 and 1981-83 conducted by the first appellant -. Dr. Zakir Hussain Primary Teachers Training College, Sultanganj; that at that time the College was not recognized, though application for recognition was pending; and that since no order was passed by the State Government on the application for recognition, a writ petition bearing No. CWJC 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.;