Patna High Court
Al- Hafeez College vs Bihar School Examination Board on 10 February, 2026
Author: Harish Kumar
Bench: Harish Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.338 of 2026
======================================================
Al- Hafeez College Alimabad, Murshidpur, Old Police Line, Arrah- 802301
through its Secretary Shahid Alim (Male), aged about 51 Years, Son of Abdul
Kafil Hafizee, Near Al-Hafeez College, Old Police Line Arrah, P.O. and P.S. -
Arrah, District - Bhojpur.
... ... Petitioner/s
Versus
1. Bihar School Examination Board Buddha Marg, Patna through its Secretary.
2. The Chairman, Bihar School Examination Board, Buddha Marg, Patna.
3. The Secretary, Bihar School Examination Board, Buddha Marg, Patna.
4. The Director (Academic), Bihar School Examination Board, Buddha Marg,
Patna.
5. The Examination Controller (Higher Secondary), Bihar School Examination
Board, Buddha Marg, Patna.
6. The State of Bihar, through the Additional Chief Secretary-cum-Principal
Secretary, Education Department, Govt. of Bihar, New Secretariat, Patna.
7. The Additional Chief Secretary cum Principal Secretary, Education
Department, Govt. of Bihar, New Secretariate, Patna.
8. The District Education Officer, Bhojpur, Ara.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arun Kumar, Adv.
For the Respondent/s : Mr. Sitaram Yadav, GP-16
Mr. Yatindra Narayan, AC to GP-16
For the B.S.E.B. : Mr. P.K.Shahi, Adv. General
Mr. Gyan Shankar, Adv.
Ms. Ankita Roy, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
Date : 10-02-2026
Heard the parties.
2. The petitioner, a college in question, duly
represented through its Secretary, has approached this Court
seeking a direction upon the respondent, Bihar School
Examination Board, Patna (in short 'B.S.E.B.') to take
appropriate steps and upload the name of the admitted students
Patna High Court CWJC No.338 of 2026 dt.10-02-2026
2/16
of the petitioner's college on the admission portal and accept the
registration fee and forms, as well as examination fee and forms
of the students of the Academic Session 2024-26 and allow
them to appear in the ensuing examination to be conducted by
the Board. The petitioner college also sought a further direction
to activate the portal of the petitioner college for filling up the
examination form for the ex-students and improvement student
of the academic session 2023-25, so that they may appear in the
examination to be conducted by the respondent Board.
3. Briefly stated that the petitioner college, duly
recognized minority educational institution was established in
the year 1979 and got the recognition as a minority college by
the Government of Bihar in the Department of Education vide
letter dated 18.12.1985. The college having received approval of
affiliation by the State Government for the Session 1979-80,
granted permanent affiliation on 24.09.2010 by the University
and subsequently by the State Government on 31.05.2011.
4. It is the contention of the petitioner that the college
has been imparting degree as well as intermediate courses from
the very inception. So far the degree courses are concerned, the
petitioner has a valid affiliation from the concerned University
and approval from the State Government. Likewise, for the
intermediate courses, the petitioner institution had due
Patna High Court CWJC No.338 of 2026 dt.10-02-2026
3/16
recognition from the erstwhile Bihar Intermediate Education
Council and subsequently after coming into force of Bihar
School Examination Board Act, it got the status of being
recognized from the respondent Board.
5. Mr. Arun Kumar, learned Advocate for the
petitioner, adverting to the facts stated in the writ petition has
submitted that while the petitioner college had been imparting
degree as well as intermediate courses, in the meanwhile, the
Education Department of the State Government came out with a
resolution under memo no. 587 dated 21.02.2024 taking a
decision that after issuance of this letter, + 2 level education
shall be imparted only in higher secondary schools established
in the State and the +2 level education in the existing colleges
under different Universities were brought to their end.
6. Referring to the aforesaid resolution, it is
contended, since the petitioner's institution imparting separate
intermediate education having a separate infrastructure has
absolutely no concern with the degree college, hence the
petitioner institution soon after receipt of the letter dated
02.03.2024issued by the Director, Academic B.S.E.B., whereby the college has been directed to make an alternative arrangement for students admitted in the college in the academic session 2023-25 and stopped the courses of intermediate, the Patna High Court CWJC No.338 of 2026 dt.10-02-2026 4/16 petitioner immediately made an objection on 02.03.2024 itself. The petitioner was asked by the Board to submit an affidavit with regard to the separate identity and infrastructure of the intermediate college from degree college and accordingly, the petitioner submitted an affidavit as well as necessary documents to the extent that both the intermediate colleges and degree colleges are run separately, having different lands and different buildings. Awaiting response, the petitioner institution also took admission of the students in the academic session 2024-26. Since, at the relevant time, the official portal was activated by the respondent Board, the details of some of the students have also been uploaded, however, later on the same was closed and the details of remaining students of the said session could not be uploaded.
7. It is further contended that while the institution was pursuing his grievances before the Board, in the meanwhile, vide letter dated 22.08.2024, communicated the petitioner institution that they have illegally admitted the students in the college, hence, the students were directed to admit in the nearby +2 institution. The petitioner filed a detailed representation on 27.08.2024 addressed to the Director Academic, B.S.E.B. drawing attention towards all the facts and the circumstances under which the institution took admission of the students. Patna High Court CWJC No.338 of 2026 dt.10-02-2026 5/16 However, it has not persuaded the authorities and further the District Education Officer, Bhojpur vide Memo No. 1520 dated 11.09.2024 asked the Principal of Higher Secondary School, Bhakhariyan, Ara, Bhojpur to ensure admission of the students of the petitioner's college. The petitioner again through its representation on 18.10.2024 requested the District Education Officer to tag the petitioner college with the +2 S.B. school, which is situated nearby the school. The prayer of the petitioner was acceded and the D.E.O., Bhojpur vide letter bearing Memo No. 501 dated 27.09.2025 directed the Principal of S.B. +2 Secondary School to ensure admission of the admitted students of academic session 2024-26.
8. Irrespective of the decision taken by the Board, since the petitioner has not been allowed to upload the particulars of the students on the admission portal of S.B. +2 High School, even their registration and admission forms could not be filled up, this led further representation to the Director Academic, B.S.E.B.. Follow up representation have also been submitted before the concerned respondent as well as the examination controller of the B.S.E.B., but to no avail and finally the Director (Academic, B.S.E.B.) has made a communication to the petitioner's institution, that the acceptance of registration form and examination form of those Patna High Court CWJC No.338 of 2026 dt.10-02-2026 6/16 students is not possible, as the petitioner has failed to take steps within the time frame. This Court is also informed that altogether 208 students have been admitted in the petitioner college in Academic Sessions 2024-26 where twenty students have been admitted in I.Com and 92 students have been admitted in Arts.
9. A counter affidavit as well as supplementary counter affidavit have been filed on behalf of the respondent B.S.E.B. and its authorities.
10. Mr. P.K. Shahi, learned Senior Advocate alongwith Mr. Gyan Shankar, learned Advocate representing on behalf of the Board has submitted that in terms with the policy decision of the State Government in the Department of Education under Memo No. 587 dated 21.02.2024 the inter level course conducted in the colleges under different Universities have been completely stopped with effect from 01.04.2024 (Academic Session 2024-26). The inter level courses have been directed to conduct only in the Higher Secondary Schools. In the light of the aforesaid decision, a list of all such degree colleges where inter level courses is being conducted has also been circulated. The name of the petitioner institution also finds in the said list. The Board vide letter no. 879 dated 02.03.2024 informed the petitioner college to stop inter level course and Patna High Court CWJC No.338 of 2026 dt.10-02-2026 7/16 subsequently its name has been removed from the admission portal of the respondent Board. This Court is also apprised that the Board vide letter no. 1067 dated 08.04.2024 addressed to the District Education Officer, Bhojpur as also vide letter dated 09.04.2024, addressed to Revenue Officer/Circle Officer directed them to make enquiry into the degree and inter college of the petitioner's institution.
11. Mr. Shahi, learned Senior Advocate vehemently contended that the college has arbitrarily taken admission of the students in class XI for the Academic Session 2024-26 despite stoppage of inter level course pursuant to the State Policy decision. Notwithstanding the aforesaid facts, the petitioner college was asked vide letter no. 2261 dated 22.08.2024 to get the students admitted in the nearest +2 High School after making co-ordination with the D.E.O., Bhojpur. Instead of admitting the students in the nearest +2 High School, the petitioner kept on continuing with the correspondences and requested to tag their students in the S.B. +2 School Ara Bhojpur. Accordingly, the petitioner has been allowed to get students of the college admitted in the S.B. +2 High School, Ara, Bhojpur, but, the same has not been done. In the meanwhile, the respondent Board vide Communique No. PR- 252/2025 published necessary information in the newspaper Patna High Court CWJC No.338 of 2026 dt.10-02-2026 8/16 instructing the institutions to fill-up forms for enlistment of students for appearing in the Intermediate Examination, 2026. However, even after expiry of the prescribed period, the petitioner college neither submitted any application nor tagged the students with the school.
12. It is also contended that considering the future of the admitted students in the petitioner college, the D.E.O. Bhojpur, Ara vide Memo No. 501 dated 27.09.2025 had issued order to the petitioner college for getting the students admitted in S.B.+2 High School, but due to some ulterior motive, the petitioner college did not get their students tagged with the S.B. +2 High School and now once the intermediate annual examination 2026 has already commenced, at this belated stage, it is not possible to consider the application of the petitioner. The attention of this Court has also drawn to the pre-requisite criteria under which student shall be admitted to Board Secondary or Higher Secondary School Examination, specially Clause 1(ii)(b) and Clause 2 of Chapter 4 of the Bihar School Examination Board Regulation, 1964. In view of the aforesaid facts and the pre-requisite criteria, it is lastly contended that since the students of the petitioner's institution neither got their registration nor filled up their examination forms and no sent-up examination of the students have been held, hence it is not Patna High Court CWJC No.338 of 2026 dt.10-02-2026 9/16 possible to permit the students of the petitioner's institution to appear even in the forthcoming supplementary intermediate examination.
13. Reliance has also been made to a decision rendered by the Apex Court in the case of C.B.S.E. vs. P. Sunil Kumar 1998 (5) SCC 377 and further in the case of Regional Officer, C.B.S.E. vs. Ku. Sheena Peethambaran & Ors. 2003 (7) SCC 719.
14. Taking this Court through the afore-noted decision Mr. Shahi, learned Senior Advocate, further contended that the Court has deprecated the practice of permitting the students to pursue their studies and to appear in the examination under the interim orders passed in the petitions in contravention of the rules and regulation of the Board. The courts should not embarrass academic authorities by themselves taking over their functions. The order of the High Court to allow the students to appear in the examination on misplaced sympathy has been held to be unsustainable.
15. This Court has anxiously heard the learned Senior Advocate/Advocates for the respective parties and also perused the materials available on record as well as the relevant prescriptions provided under the Bihar School Education Board Regulation, 1964.
Patna High Court CWJC No.338 of 2026 dt.10-02-2026 10/16
16. The facts, necessary to be noticed before parting the final decision, are that the Government has taken a conscious decision and issued a resolution vide memo no. 587 dated 21.02.2024 and the education of intermediate courses is being stopped in the college from 01.04.2024 and the petitioner's institution has been duly communicated by giving reference to the afore-noted letter and further directed to make an alternative arrangement for the students admitted in the college in the Academic session 2023-25. Despite the aforesaid direction, the petitioners institution took admission of students in the Academic Sessions 2024-26 on the premise that the petitioner institution has been conducting intermediate courses independent and separate to the degree college and thus, the resolution of the State Government dated 21.02.2024 would have no effect on the petitioner's institution imparting intermediate course.
17. On receipt of the letter dated 02.04.2024, the petitioner immediately submitted a detailed representation along with further affidavit enclosing the documents relating to land possession certificate, map besides particulars of separate building infrastructure, faculty, laboratory and equipments. This persuaded the Board to direct the District Education Officer, Bhojpur vide letter no. 1067 dated 08.04.2024 and further vide Patna High Court CWJC No.338 of 2026 dt.10-02-2026 11/16 letter no. 1132 dated 09.04.2024 to the Revenue Officer/Circle Officer, Bhojpur to make enquiry to the degree and inter college of the petitioner's institution. The afore-noted letter have also been brought by the respondent authorities and marked by Annexure R/A and R/B to the counter affidavit. After careful perusal of both the letters, it appears that a point-wise query have been made regarding the status of the degree and inter college, but, till date, the enquiry report has not been submitted. In similar circumstances, other colleges have also filed their objection and after proper deliberation and verification, some of the colleges have been allowed to continue with the intermediate courses and recommendation has been made to open portal of those colleges for new Academic Sessions. Thus, in such circumstances, the petitioner's institution cannot be said to be at fault alone, rather the final decision over the objection of the petitioner is required to be taken at the level of the Director Academic, Bihar School Examination Board, based upon the enquiry report called for from the concerned authorities. Admittedly, till date, neither there is any adverse report nor the petitioner's intermediate college has been de- recognized or de-affiliated.
18. True it is, the regulation clearly stipulates that the students are required to get their admission in Class 11 and the Patna High Court CWJC No.338 of 2026 dt.10-02-2026 12/16 registration of the students is to be done in the admission year after filling of examination form, sent-up examination for Class 12 is to be organized at the school level for the registered students before appearing at the intermediate examination. The students who have passed in sent-up examination and admit card is issued in their favour, allowed to appear in the intermediate examination. Every Secondary school shall also ensure supply of information as required by the Board and the schools shall maintain such registers and records of the students.
19. Notwithstanding the afore-noted position, this Court cannot lose sight of the fact that the students of the petitioner college were allowed to tag with the SB+2 school, but since their admission could not be done and portal of the BSEB was not opened, particulars of the students could not be uploaded and in the meantime the time schedule has been brought to notice of all the concern through communique for filling up the forms and enlistment of the students for appearing in Intermediate examination. Hence, in view of the matter the students can not be blamed. This Court is also informed that the students admitted in the college are pursuing their studies; however their academic career are at stake because of no fault of theirs.
20. Now coming to the ruling of the Hon'ble Apex Patna High Court CWJC No.338 of 2026 dt.10-02-2026 13/16 Court upon which reliance has been placed by learned Senior Advocate for the Bihar School Education Board; it would be pertinent to state here that in the case of P. Sunil Kumar (supra) the unaffiliated institution whose students were permitted to undertake the examination of C.B.S.E., were not entitled to appear in the examination, nonetheless they were allowed to appear in the examination under the interim order granted by the High Court. In that context, the Hon'ble Supreme Court held as follows :-
"4. ... But to permit students of an unaffiliated institution to appear at the examination conducted by the Board under orders of the Court and then to compel the Board to issue certificates in favour of those who have undertaken examination would tantamount to subversion of law and this Court will not be justified to sustain the orders issued by the High Court on misplaced sympathy in favour of the students."
21. In the case of Sheena Peethambaran (supra) the Hon'ble Supreme Court taking note of the facts that the student had failed to clear her Class-IX examination, which was necessary requirement as provided under the By law, so as to be entitled to appear in Class-X; nonetheless the learned Madhya Pradesh High Court under interim order directed the School to allow the students to join Class-X, permitted to appear in examination and further to declare the result, while allowing the Patna High Court CWJC No.338 of 2026 dt.10-02-2026 14/16 appeal held as follows:-
"6. This Court has on several occasions earlier deprecated the practice of permitting the students to pursue their studies and to appear in the examination under the interim orders passed in the petitions. In most of such cases it is ultimately pleaded that since the course was over or the result had been declared, the matter deserves to be considered sympathetically. It results in very awkward and difficult situations. Rules stare straight into the face of the plea of sympathy and concessions, against the legal provisions."
22. After having carefully gone through the afore- noted decisions, it is manifest that in both the decisions the Highest Court of the land has cautioned the Courts in passing the interim order/orders on misplaced sympathy in favour of the students, irrespective of the fact they are not entitled and/or bonafidely pursuing their studies. However, in the case at hand, the school in question where the students were pursuing their academic education was a duly recognized college, but, on account of coming into force of Government resolution no. 587 dated 21.02.2024, the inter level courses have been directed to conduct only in the higher secondary schools, hence, the students were directed to be tagged alongwith nearest +2 high school. In view thereof, if the students of the institution would not be allowed to appear in the intermediate examination, it will Patna High Court CWJC No.338 of 2026 dt.10-02-2026 15/16 certainly jeopardize the career of the students, despite they have been bonafidely pursing their studies.
23. In view of the aforesaid facts, this Court directs the Director Academic, Bihar School Education Board to issue a fresh direction for tagging of the students of the petitioner's institution with nearby +2 school and after getting their admission in the said school, allow to fill up their examination fees and forms, besides their registration and upload the name of the students on the admission portal and direct to conduct the sent-up examination by the school and make an arrangement for their participation in the forthcoming supplementary examination of 2026.
24. Besides the afore-noted position, this Court also took note of the facts and the correspondences made by the Board and the petitioner's institution, and has no hesitation to hold that because of the lackadaisical approach and insensitivity of the college administration, the students have been made to suffer. Had the petitioner's institution taken prompt action in pursuant to the directives of the District Education Officer, Bhojpur and got the students of the institution admitted in S.B. +2 school, they would have certainly got their registration done and permitted to submit their examination form, but this too could not be done.
Patna High Court CWJC No.338 of 2026 dt.10-02-2026 16/16
25. This Court, thus makes it clear that the present order would not come in the way of the respondent Bihar School Examination Board or the State Government to take appropriate action against the school, if the school is found to be failing in discharging of its duty, as prescribed under the rules and regulation issued time to time.
26. The writ petition stands disposed off.
27. However, there is no order as to cost.
(Harish Kumar, J) supratim/-
AFR/NAFR NAFR CAV DATE NA Uploading Date 17.02.2026 Transmission Date NA