2010 Supreme(SC) 235

2010 (3) Supreme 410
SUPREME COURT OF INDIA
R. V. Raveendran and K.S. Radhakrishnan, JJ.
Zakir Hussain Primary Teachers Education College & Anr. — Appellants
versus
State of Bihar and Ors. — Respondents
Civil Appeal Nos. 8239 - 8240 of 2009
Decided on : 16-03-2010

Headnote:Education -Order passed by Director (Research and Training), Department of Primary Higher Secondary and Public Education, Government of Bihar on 26.4.1995 granting recognition to the appellant institution for the period 1979-81 to 1994-96- A copy of the communication was forwarded to the Secretary,Bihar Schools Examination Board with a request to declare the results for examination conducted for the academic sessions 1979-81 to 1983-85-Board, however, passed a resolution dated 27.2.2004 deciding to cancel the results of the students of Primary Teachers Training Colleges which had been withheld and not declared for several years- Writ petition filed by the students of first appellant college- Single Judge dismissed the writ petition mainly on the ground of delay and laches holding that examination took place in the year 1984 and the writ petition was filed only on 25.3.2004 and hence there was considerable delay in approaching the court-Appeal thereagainst -Dismissed –Writ Petition filed by appellant college seeking a direction to the respondents to conduct an examination for its students of relevant academic sessions by issuing examination forms, and admission cards and publish their results-Said writ petition was also dismissed by a Single Judge on the ground of delay-Appeal-Dismissed-Application for recalling the order passed by Division Bench was also dismissed-Appeals-Held appellant College was established in the year 1975 and the relief sought for was with regard to the recognition of the college from the years 1979-81 to 1994-96- Dismissal of the writ petition on the ground of delay held not justified in view of orders passed by the government from time to time- Board had not held the examination for the last two decades and for the delay on the part of the Board, the college and its students could not be punished- Only when the examinations were announced, the college could approach the court-Hence writ petition ought not to have been dismissed on the ground of delay and laches and the matter ought to have been considered on merits- Since the writ petition was dismissed mainly on the ground of delay and laches and Letters Patent Appeal was dismissed at the admission stage and Board did not get an opportunity to file its counter affidavit, held appropriate to give an opportunity to the Board to file its counter affidavit before High Court so that High Court would be in a better position to examine various contentions urged by parties- Impugned judgment of High Court set aside and High Court directed to hear the matter on merits after giving the parties an opportunity to file counter affidavits and reply affidavits, if any-Appeals disposed off. (Paras 8 to 10)

       Facts of the Case :

       An Order was passed by Director (Research and Training), Department of Primary Higher Secondary and Public Education, Government of Bihar on 26.4.1995herein in the instant case granting recognition to the appellant institution for the period 1979-81 to 1994-96. A copy of the communication was forwarded to the Secretary,Bihar Schools Examination Board with a request to declare the results for examination conducted for the academic sessions 1979-81 to 1983-85.Board, however, passed a resolution dated 27.2.2004 deciding to cancel the results of the students of Primary Teachers Training Colleges which had been withheld and not declared for several years. Writ petition filed by the students of first appellant college was dismissed by Single Judge mainly on the ground of delay and laches .Appeal thereagainst was Dismissed .AWrit Petition was filed by appellant college seeking a direction to the respondents to conduct an examination for its students of relevant academic sessions by issuing examination forms, and admissions cards and publish their results.Said writ petition was also dismissed by a Single Judge on the ground of delay. Aggrieved by the judgment of Single Judge, appellants filed an appeal before the Division Bench and the appeal was dismissed in limine. Application for recalling the order passed by Division Bench was also dismissed.

       2.Present Appeals have been filed against said order of High Court.

       Findings of the Court :

       Appellant College was established in the year 1975 and the relief sought for was with regard to the recognition of the college from the years 1979-81 to 1994-96. Dismissal of the writ petition on the ground of delay was held not justified in view of orders passed by the government from time to time. Board had not held the examination for the last two decades and for the delay on the part of the Board, the college and its students could not be punished. Only when the examinations were announced, the college could approach the court.Hence writ petition ought not to have been dismissed on the ground of delay and laches and the matter ought to have been considered on merits. Since the writ petition was dismissed mainly on the ground of delay and laches and Letters Patent Appeal was dismissed at the admission stage and Board did not get an opportunity to file its counter affidavit, it was held appropriate to give an opportunity to the Board to file its counter affidavit before High Court so that High Court would be in a better position to examine various contentions urged by parties. Impugned judgment of High Court was set aside and High Court was directed to hear the matter on merits after giving the parties an opportunity to file counter affidavits and reply affidavits, if any. Appeals were disposed of.