Patna High Court - Orders
Shiwani Kumari & Ors vs Bihar School Examination Board, Patna ... on 16 April, 2014
Author: Ravi Ranjan
Bench: Ravi Ranjan
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11125 of 2013
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1. Shiwani Kumari D/O Kumar Sandeep Resident Of Mohalla- Shanti
Nagar, P.S.-Bettiah Town, District- West Champaran.
2. Nusrat Praveen D/O Kalimullah Khan, Resident Of Mohalla- Chhawani,
P.S.-Bettiah Town, District- West Champaran.
3. Bharti Chandra D/O Ramanand Sah, Resident Of Mohalla- Haziyapur,
Katahari, Ward No. 27, P.O.- Gopalganj, District- Gopalganj.
4. Shilpi Kumari D/O Arbind Kumar Sinha, Resident Of Mohalla- Balua
Tal, P.O.- Motihari, District- East Champaran.
5. Julie Kumari D/O Sanjay Kumar Rai Resident Of Village- Sirisia,
P.O.+P.S.- Sirisia, District- West Champaran.
6. Shweta Kumari D/O Om Prakash Mishra, Resident Of Village- Mushari,
P.O.- Mushari, P.S.- Chanpatia, District- West Champaran.
7. Menka Kumari D/O Mahadeo Prasad Mishra, Resident Of Village-
Belwa, P.O- Auraiya, P.S.- Bettiah Muffasil, District- West Champaran.
8. Reena Toppo D/O George Toppo Resident Of Village- Rampur Mission,
Marium Tola, P.O.- Rampur, District- West Champaran.
9. Amrita Kumari D/O Rajan Sah Resident Of Village- Chakhani, P.O.-
Rajwatia, P.S- Bagaha, District- West Champaran.
10. Deepti Toppo D/O Peter Toppo, Resident Of Village- Rampur, Imiliya
Tola, P.O-Rampur, P.S.- Vangaha, District- West Champaran.
11. Pooja Kumari D/O Goswami Manager Parvat Resident Of Mohalla-
Durga Nagar, New Bus Stand Road, P.O- Bettiah, District- West
Champaran.
12. Namita Kumari D/O Jawahar Lal Gupta, Resident Of Mohalla- Purani
Gudari, Arya Samaj Road, P.O- Bettiah, District- West Champaran.
13. Rashmi Kumari D/O Madan Singh, Resident Of Village- Paras Pakari,
P.O- Chanayan Bandh, P.S.- Majhaulia, District- West Champaran.
14. Archana Kumari D/O Sri Madhaw Rai, Resident Of Village- Sirisia,
P.O- Sirisia, P.S.- Chanpatia, District- West Champaran.
15. Anubha Anand D/O Manoj Kumar Singh, Resident Of Mohalla- Gulab
Bagh, P.O.- Bettiah, District- West Champaran.
16. Anuradha Kumari D/O Lalan Prasad Resident Of Mohall- Kali Sthan,
Ward No. 28, P.S.- Bagah, District- West Champaran.
17. Sonam Kumari D/O Suresh Kumar, Resident Of Mohalla- Ilam Ram
Chowk, P.O.- Bettiah, District- West Champaran.
18. Priyanka Gupta D/O Arun Gupta Resident Of Mohall- Dargah, Near St.
Joseph School, P.O.- Bettiah, District- West Champaran.
19. Khushboo Kumari D/O Shitanshu Shekhar Mishra, Resident Of Village-
Paras Pakari, P.O- Chanayan Bandh, P.S.- Majhaulia, District- West
Champaran.
20. Medha Kumari D/O Vijay Kumar Verma Resident Of Mohalla-
Deonagar, Banuchhapar, P.S.- Bettiah Muffasil, District- West Champaran.
21. Jassi Bharti D/O Prem Nath, Resident Of Mohalla- Ganj No. 2, Kumhar
Patty, Near Ilam Ram Chowk, P.O.- Bettiah, District- West Champaran..
22. Pallawi Kumari D/O Sanjay Tiwari, Resident Of Mohalla- Kali Bagh,
P.O.- Bettiah, P.S.- Bettiah Town, District- West Champaran.
23. Roshani James D/O James Alfred, Resident Of Mohalla- Christian
Quarter, Near Teen Lalten Chowk, P.O- Bettiah, P.S.- Bettiah Town,
District- West Champaran.
2 Patna High Court CWJC No.11125 of 2013 (12) dt.16-04-2014
2 / 10
24. Kirti Kumari D/O Pundeo Kumar, Resident Of Mohalla- Raj Kachhari
Killa, Ward No. 20, P.O- Bettiah, P.S.- Bettiah Town, District- West
Champaran.
25. Kiran Kumari D/O Chandrajeet Rai Resident Of Mohalla- Babui Tola
(Bagaha- 1), P.S.- Bagaha, District- West Champaran.
26. Shweta Kumari D/O Sri Dinesh Tiwari, Resident Of Village- Bahuari
Deoraj, P.O.- Jogia, P.S.- Ramnagar, District- West Champaran.
27. Kirti Saurabh D/O Sri Ramnaresh Sharma Resident Of Village-
Imadpur, P.O.- Imadpur, P.S.- Bhagwanpur, District- Vaishali.
.... .... Petitioner/s
Versus
1. Bihar School Examination Board, Bihar, Patna Through Its Secretary
2. The Secretary Bihar School Examination Board, Bihar, Patna
3. The Controller Of Examination, Bihar School Examination Board, Bihar,
Patna
4. St. Teresa's Primary Teachers Training College, Bettiah, West
Champaran Through Its Principal.
5. The Principal, St. Teresa's Primary Teachers Training College, Bettiah,
West Champaran.
6. National Council for Teacher Education, Delhi through its Member
Secretary, Delhi
7. The Member Secretary, N.C.T.E., Delhi
8. The Regional Director, N.C.T.E., Bhuneshwar
.... .... Respondents
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with
Civil Writ Jurisdiction Case No.13869 of 2013
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1. Millat Primary Teachers Training College, Madhubani Through Its
Principal Sri Navin Ranjan Ravi
2. Navin Ranjan Ravi S/O Ram Lakhan Mahato Resident Of Village-
Madhubani Pokharpar, P.S.- Madhubani, District- Madhubani, The
Principal, Millat Primary Teachers Training College, Madhubani
.... .... Petitioner
Versus
1. Bihar School Examination Board, Bihar, Patna Through Its Secretary
2. The Secretary, Bihar School Examination Board, Bihar, Patna
3. The Chairman, Bihar School Examination Board, Bihar, Patna
4. The Controller of Examination, Bihar School Examination Board, Bihar,
Patna
5. The National Council For Teacher Education, Delhi Through Its Member
Secretary
6. The Member Secretary, The National Council For Teacher Education
7. The Regional Director, Eastern Zone, National Council For Teacher
Education, Bhubneshwar
8. The State Of Bihar, Through The Principal Secretary, Department Of
Education, Bihar, Patna
9. The Principal Secretary, Department Of Education, Bihar, Patna
3 Patna High Court CWJC No.11125 of 2013 (12) dt.16-04-2014
3 / 10
.... .... Respondents
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with
Civil Writ Jurisdiction Case No.13870 of 2013
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1. Dr. Zakir Hussain Teacher's Training College, Laheriasarai, Darbhanga,
Through Its Principal Md. Ali
2. Md. Ali S/O Md. Azim Resident Of Village- Sart Rahmat, Darbhanga,
P.S.- Laheriasarai, District- Darbhanga, The Principal, Dr. Zakir Hussain
Teacher's Training College, Laheriasarai, Darbhanga
.... .... Petitioner
Versus
1. Bihar School Examination Board, Bihar, Patna Through Its Secretary
2. The Secretary, Bihar School Examination Board, Bihar, Patna
3. The Chairman, Bihar School Examination Board, Bihar, Patna
4. The Controller of Examination, Bihar School Examination Board, Bihar,
Patna
5. The National Council for Teacher Education, Delhi Through Its Member
Secretary
6. The Member Secretary, The National Council For Teacher Education
7. The Regional Director, Eastern Zone, National Council for Teacher
Education, Bhubneshwar
8. The State Of Bihar, Through The Principal Secretary, Department Of
Education, Bihar, Patna
9. The Principal Secretary, Department of Education, Bihar, Patna
.... .... Respondent/s
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with
Civil Writ Jurisdiction Case No.13876 of 2013
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Buddha Siksha Seva Sansthan (Primary Teachers Training College),
Sheikhpura, (Shastri Nagar), Patna-14 through its Secretary Vijay Kumar
Sinha, son of late Murai Prasad Sinha, Flat No.402, Maa Vindhyawasani
Apartment, Sheikhpura, P.S. Shastri Nagar, District, Patna
.... .... Petitioner
Versus
1.The State of Bihar through the Director, Research & Training,
Department of Education, Government of Bihar, Patna
2. The Director, Research & Training, Department of Education,
Government of Bihar, Patna
3. The Bihar School Examination Board through its Secretary, Sinha
Library Road, Patna
4. The Chairman, Bihar School Examination Board through its Secretary,
Sinha Library Road, Patna
5. The Joint Secretary, Bihar School Examination Board through its
Secretary, Sinha Library Road, Patna
6. National Council for Teachers Education, New Delhi through its Member
Secretary, Delhi
7. The Member, Secretary, National Council for Teachers Education, New
Delhi
4 Patna High Court CWJC No.11125 of 2013 (12) dt.16-04-2014
4 / 10
8. The Regional Director, National Council for Teachers Education,
Bhuvaneshwar, Orissa
.... .... Respondents
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Appearance :
(In CWJC No.11125 of 2013)
For the Petitioners : Mr. Sanjeev Kumar No.1, Advocate
For the B.S.E.B. : Mr. Ajit Pratap Singh, Advocate
(In CWJC No.13869 of 2013)
For the Petitioners : Mr. Sanjeev Kumar No.1, Advocate
For the B.S.E.B. : Mr. Ajit Pratap Singh, Advocate
For the State : Mr. Chandra Shekhar Singh, A.C. to G.P. 16
(In CWJC No.13870 of 2013)
For the Petitioners : Mr. Sanjeev Kumar No.1, Advocate
For the B.S.E.B. : Mrs. Namrta Mishra, Advocate
For the State : Mr. Alok Ranjan, A.C. to G.A. 13
(In CWJC No.13876 of 2013)
For the Petitioners : Mr. Bishnu Kant Dubey, Advocate
For the State : Mr. Pankaj Kumar Sinha, Advocate
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CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN
ORAL ORDER
12 16-04-2014I have heard the parties and have perused the records of the cases.
In view of the identical issues being involved in all the writ petitions except a minor variation to the extent that in C.W.J.C. No.11125 of 2013 the students have approached this Court whereas in other matters the concerned minority educational institutions have come up, all the writ petitions have been heard analogous and are being disposed of by a common order.
The writ petitions have been filed by the petitioners for a direction to the respondents, the Bihar School Examination Board in particular, for accepting the examination forms of the students or the students of the petitioner institutions and further to 5 Patna High Court CWJC No.11125 of 2013 (12) dt.16-04-2014 5 / 10 allow them to appear in the Diploma-in-Education Examination, 2013 to be conducted by the Bihar Scholl Examination Board.
This Court, vide its earlier order dated 16.07.2013 passed in C.W.J.C. No.11125 and the order dated 22.07.2013 passed in other writ petitions, gave a direction to the Bihar School Examination Board to provisionally allow the students to appear in the concerned examination, however, it was made clear that such appearance in the examination and its outcome would be subject to the result of the writ petitions. Thus, though the students have been allowed to appear but their results have been withheld.
In all the cases, the institutions are minority educational institutions having their own managing committee etc. for their management. All the institutions are admittedly recognized by the National Council for Teachers Education (hereinafter referred as to "N.C.T.E."). It is further admitted that the students of all the institutions were admitted in two years course for grant of diploma in education and have completed their training without any hindrance or objection having been raised by any authority either Government or non-Government. After completion of their training, they were required to appear in the examination which was going to be held on 23.07.2013, however, the examination forms of such students of the 6 Patna High Court CWJC No.11125 of 2013 (12) dt.16-04-2014 6 / 10 concerned institutions who had been admitted into the course without completing 18 years of age, were not accepted by the Bihar School Examination Board. The aforesaid action had led to filing of these writ petitions.
It is submitted on behalf of the petitioners that the institutions are recognized by the N.C.T.E. and institutions are having their own prospectus which discloses the minimum age limit for admission into the course to be 16 years, whereas, the maximum age limit would be of 27 years. In view of the aforementioned circumstances, the students concerned applied for their admission in the concerned course. They were admitted and had completed the course. Thus, it is contended that they are entitled for appearance in the concerned examination. It is further submitted that N.C.T.E. has not laid down any criteria regarding requirement of minimum age in its guidelines which has been brought on record by the respondents appending it as Annexure R/1 to the counter affidavit filed on behalf of the Bihar School Examination Board. Thus, it is contended that there was no occasion for the Bihar School Examination Board to deny the petitioners' students from appearance in the examination concerned.
The stand of the respondents i.e., the Bihar School 7 Patna High Court CWJC No.11125 of 2013 (12) dt.16-04-2014 7 / 10 Examination Board as well as the State of Bihar is that minimum limit of 18 years was there for admission into the course and since admittedly the students concerned were below the 18 years on the cut-off date, they were rightly not being allowed to appear in the examination concerned. It is submitted that the institutions concerned have erred in coming with their respective prospectus disclosing the minimum age of admission to be 16 years which is contrary to the decision of the State authority which stands reflected in Annexure R/5 appended with the supplementary counter affidavit filed on behalf of the Bihar School Examination Board in C.W.J.C. No.11125 of 2013.
Today a counter affidavit has been filed on behalf of the State in C.W.J.C. No. 13869 of 2013 taking a similar view. Learned counsel for the State has submitted that the minority institutions were required to follow the resolution of the State Government dated 17.06.2008 which was directed to be published in the official gazette.
Prima facie, the aforesaid limb of argument advanced on behalf of the respondents appears to be attractive but on deeper scrutiny it appears that the resolution was admittedly with respect to District Institute and Training Institutions (DIET) and Primary Teachers Education College being run by the State Government 8 Patna High Court CWJC No.11125 of 2013 (12) dt.16-04-2014 8 / 10 and have been recognized by the N.C.T.E. From reading of the resolution it appears that such resolution, as contained in R/5, was specifically for the aforesaid institutions run by the Government only and was not for other institutions. Learned counsel for the State has not been able to show from the resolutions as to how that would govern the private or minority institutions also. Though it stands admitted in the counter affidavit filed on behalf of the State that the guideline was only for the State run Government institutions specified in the resolution only but at the same time it has been stated that it was expected from the minority institution also to follow the same. In my considered opinion, that limb of submission would have to be rejected in the absence of any guideline issued to the private minority institutions directing them to come up with a minimum age criteria being of 18 years for admission into course. The eligibility criteria, which stands described in Clause 3 of the Norms and Standards for Diploma in Elementary Teacher Education Programme leading to Diploma in Elementary Education (D.El.Ed.) issued by the N.C.T.E. (Annexure R-1) appended with the counter affidavit filed on behalf of the Bihar School Examination Board in C.W.J.C. No.11125 of 2013, it does not appear that any minimum age requirement is there for the purpose of admission. Though under 9 Patna High Court CWJC No.11125 of 2013 (12) dt.16-04-2014 9 / 10 the heading at "Admission Procedure" it has been stated that admission shall be made on merit on the basis of marks obtained in the qualifying examination and/or in the entrance examination or any other selection process as per the policy of the State Government/Union Territory administration, however, it is admitted that the State Government has not issued any guideline with respect to the private or minority institutions.
In such a situation and in the above background, it would be very difficult for this Court to uphold the action of the Bihar School Examination Board and the State authority by refusing from appearing at the examination concerned on the basis of the aforesaid technical objection specially when they were allowed to continue their courses for two years without any objection having been raised from any quarter. Thus, it is held that in view of absence of any specific policy either of the N.C.T.E. or the State of Bihar imposing minimum age criteria for induction of students in minority or private institutions for the concerned course, the aforesaid action of the Bihar School Examination Board was erroneous.
As a result, the writ petitions succeed. Since the concerned students have already been allowed to appear in the examination concerned, their result should be declared 10 Patna High Court CWJC No.11125 of 2013 (12) dt.16-04-2014 10 / 10 accordingly. However, it is further made clear that this order would not come in way of either the N.C.T.E. or the State authority in fixing any minimum age criteria in accordance with law in future.
(Dr. Ravi Ranjan, J) Sanjay-II/-