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Patna High Court CWJC No.3516 of 2021 dt.12-07-2022

12. Learned counsel submits that three tier Inspection Committee was constituted for conducting three tier inspection before releasing the funds, which was based on performance of the students. It is stated that Bihar School examination Board, Senior Secondary Affiliation Bye-laws, 2011 have been framed for affiliation with the Board, but the same would have no application to already existing and recognized Inter Colleges and the same shall apply to the newly formed Institutions which have come into force after the Bihar Education Council Act, 1992. It is, therefore, submitted that the directions issued by the respondents for fresh application for directing petitioners to apply afresh for recognition and a pre condition for release of grant was unjustified and arbitrary. The condition of the Bihar School Examination Board in restraining the Colleges from registering students for admission for the Sessions 2020-2024 would amount to de-recognising (10+2) Inter Classes in the colleges. It is also pointed out that the orders have been made applicable only to the affiliated Colleges providing Inter level education and it has not been applied to the constituent Colleges of the Universities. Once the petitioners were deemed to be recognized under the Bihar Intermediate Education Council Act, 1992 and also under the Act of 2007 and thereafter, there is no purpose of asking them to apply afresh under the Rules Patna High Court CWJC No.3516 of 2021 dt.12-07-2022 of 2011. Learned counsel also referred to the new Rules 2020 to show that all the petitioners colleges were duly recognized and allowed to be affiliated.

16. Per contra, learned counsel Shri Satyabir Bharti, appearing for the Bihar School examination Board submits that while the Bihar Intermediate Education Council Act, 1992 came into force w.e.f. 9.9.1992, the Council was empowered to even conduct inspection, withhold, reduce or stop maintenance grant if any recognized Institution had failed to implement the conditions of recognition or the Institutions is being run in such a way as may be prejudicial to the interests of education or fails to comply with any order issued by the Council for maintenance of the prescribed teaching standard for the said purpose. Learned counsel invited attention to Clause 14 of Section 15 of the Act of 1992.

17. Learned counsel further submitted that after the Bihar School Examination Board Amendment Act, 2007 came into Patna High Court CWJC No.3516 of 2021 dt.12-07-2022 force, the Bihar Intermediate Education Council Act, 1992 was repealed and the Board came into existence.

As per Section 2(j), Senior Secondary School being defined as under 2(J):-

"2 (j) "Senior Secondary School" means a school imparting education of courses up to grade 12 as prescribed by the Board, and includes institutions of Intermediate (+2) Education, duly recognised under Section 39 of the Bihar Intermediate Education Council Act, 1992. "

24. From perusal of Section 19, it is apparent that the Bihar School Examination Board would not demand a fresh application for affiliation or recognition of those Institutions which already stand recognized. However, as per the said Act, the said Intermediate +2 Education Institutions would re-organise and re- name themselves as Senior Secondary Schools with facilities and teachers for imparting education at secondary stage and Senior Secondary stage as prescribed by the regulations to be made by the Board in this regard and within the time frame indicated in it. Patna High Court CWJC No.3516 of 2021 dt.12-07-2022 If the said Institutions fail to maintain the requisite standards for grant of affiliation or have in any manner acted in contravention thereto, their affiliation would be withdrawn.