- (1.) Leave granted. Heard.
(2.) Bhartia Education Society ('Society' for short) runs an institute known as Rameshwari Teachers Training Institute ('Institute' for short) at Gandhi Nagar, Kullu, Himachal Pradesh. The Institute was recognized by National Council for Teacher Education (for short, 'NCTE') by order dated 17.7.2000 for conducting Two-year Junior Basic Training (JBT) course with an intake of 50, from the academic session 2000- 2001. NCTE increased the intake to 100 from the academic session 2002-2004. After getting recognition, the Institute applied for affiliation to the Examining Body - Himachal Pradesh Board of School Education ('Board' for short) on 31.8.2001. The Board granted affiliation to the Institute for the two-year JBT course (2001-2003) by two orders that is order dated 31.12.2001 for the first year of the two-year course (2001-2002) and order dated 27.12.2002 for the second year of the two-year course (2002-2003). The Board however did not grant affiliation for the subsequent JBT courses and in fact refused affiliation by order dated 20.1.2004. Ultimately it is stated that affiliation to the Institute was granted by the Board only in the year 2009. The State Government by letter dated 17.10.2002, however granted one time relaxation in regard to students admitted by the Institute for the academic sessions 1999-2001 and 2000-2002 and directed the Board to conduct the examination for those students. In compliance thereof the Board permitted the eligible students of 1999-2001 and 2000-2002 batches to take the examination in December 2002.
(3.) The students admitted by the Institute to the two- year JBT Course in the year 1999 filed CWP Nos. 819 of 2003, 1178, 1188, 1194, 1204 of 2004 and 50 of 2005, before the High Court praying for a direction to the Board to declare the first year JBT course results of 1999-2001 batch and a further direction to the Board to hold the second year examinations for the students belonging to the 1999-2001 batch. A student admitted by the Institute to the JBT course in the year 2002 filed CWP No. 622 of 2004 seeking a direction to the Board to conduct the examinations for the students admitted for the academic session 2002-2004. The High Court, by its common judgment dated 13.1.2006, rejected the prayers in the said petitions relating to 1999-2001 and 2002-2004 batches but however a different relief to the students who had filed the writ Petitions by directing the Society and the Institute to refund the fee paid by them and also pay each of them Rs. 50,000/- as damages.;