National Students Social Club vs The State of Bihar and Others

With the consent of the parties, the following order is being passed.

A writ petition was filed. This was CWJC. No. 4882 of 2004 National Students Social Club Phulwarisharif v. State of Bihar and Ors. An order was passed on 22nd April 2004 (annexure 9 series at pages 37 to 40). That petition was consigned. In that writ petition, the issue was about holding an examination of trainees of the recognized Primary Teachers Training Institution as per Rule of the Bihar School Examination Rules, 1963. It was understood in that proceeding as recorded on 22nd April 2004 that trainees who had completed their training course from recognized colleges under the National Council for Teachers Education Act are also eligible to appear in the examination scheduled by the School Examination Board.

On the assurance of the Bihar School Examination Board, Patna, that the examination is scheduled for 20th May, 2004'' and the Petitioners being under impression that perhaps they may be able to appear, the matter was consigned.

On the same day, learned Counsel for the Petitioner made a request to the court not to sign the order. The order was left unsigned though declared. On 23.4.2004 learned Counsel made a statement that there is some difficulty in the Bihar School Examination Board filing an affidavit which it was understood would be filed but was not filed. The matter was to await the filing of an affidavit giving an undertaking. An affidavit was filed. The undertaking is recorded in the order which was passed next day on 23rd April, 2004. Once the undertaking was filed, the Petitioner agreed that the matter be consigned. Thus it was consigned.

It appeared that no problem had been solved. The Petitioner now has filed the present petition (C.W.J.C. No. 5889/2004) complaining that he remains exactly in the same position where he was in the earlier writ petition. There seems to be never ending game. The examination was scheduled on 20th May, 2004 which is three days away. Of all the complications which are being indicated on behalf of Bihar School Examination Board, Patna, the court is hardly in a position to resolve them. A submission was made by learned Counsel appearing in some of analogous cases to the effect that it is best recorded as the submission was made "2001 reject "

There is much to be answered. Why this issue lingers? Again this is a matter about elementary education and it is being attempted to get bogged in litigation. Unfortunately, the Chief Secretary, Bihar, Mr. K.A.H. Subramanian, IAS, is present in the court for some other matters. Matter re. education must be a simple dedicated plan for easy execution, not litigation.

With all the pressures the court has just before the summer vacations, it cannot set aside every work and resolve every complication which will be created on behalf of the State-Respondents. It. is best to leave this matter in the hands of the Chief Secretary, Bihar. The court trusts that he is fully aware of the urgency that an examination is scheduled for 20th May 2004 and whatever order the Chief Secretary may pass, the Bihar School Examination Board, will accept.

A copy of this order may be given '' to any party who desires it except as indicated on the last Friday that anybody who takes the order will have to be given an endorsement on acknowledgement of it. Consigned.