S. B. Sinha, J.

1. These two writ applications involving common questions of law and fact were heard together and are being disposed of by this common judgment.

2. In both these writ applications the petitioners inter alia question the legality of a notification No.921 dated 1st September, 1992 passed by the state of Bihar and as contained in Annexure 1 to the writ application whereby and whereunder it had been directed that the students of such High schools, which had been granted permission for establishment would be debarred from appearing in 1993 Bihar Secondary Examination Board through the said schools.

3. The petitioner No.1 of CWJC No.9741 of 1992 is said to be an association of Teachers of such High Schools of the State of Bihar which have been granted permission for establishment thereof,

4. It has inter alia been contended that villagers ordinarily establish high school after donating lands in the name of the Governor of Bihar and thereafter buildings are constructed by taking donations from the villagers and others. The appointment of teaching staff as also the non-teaching staff are made by the Managing Committee appointed in this regard. The State granted permission for establishment of the said schools after inspections are held by the concerned officers of the State of Bihar and reports to that effect are submitted to the Director of Secondary education.

5. According to the petitioners about 1700 high schools in the State of Bihar have been granted permission for establishment by the State of bihar and in all such schools about 150 and 170 students are reading.

6. According to the petitioners as far back as in 1984 a policy decision has been taken by the State that the students of such high schools which were granted permission for establishment would be permitted to appear in 1985 Secondary School Examination conducted by respondent no.3 through their own schools. The said purported Government decision dated 4th December, 1984 is contained in Annexure 3 to the writ application. Similarly a Government order dated 9th December, 1985 was issued permitting the students of such High Schools which were granted permission to appear in 1986 Secondary Education Board (Annexure 4 ).

7. The petitioners have, therefore, contended that pursuant to the aforementioned policy decisions of the State which have been adopted in each year, the students were allowed to appear by the Bihar School examination Board through their own schools. Paragraph 14 of the writ petition reads as follows :

"that as stated above the procedure is that the students for appearing in Secondary School Examination have to be registered first with the respondent No 3 and for that registration forms are to be filled up by the students duly certified by the Headmasters and along with fees, as the same used to be deposited in the office of respondent No.3 where the same used to send (sic)to the schools for filing up examination forms (sic) for appearing the Secondary Schools Examination to follow this procedure for 1993 Secondary Schools Examination, respondent No.3 has issued order to all Government High Schools, Nationalised high School, and such High Schools which have been granted permission for establishment stating therein that registration forms of the students for appearing in 1993 Secondary School examination registration forms of the examinees will be accepted to 8- (sic)8-1992, It was also provided in the said communication that blank registration forms shall be available in all District Headquarters on 7/7/1992 and the same is being sent through special messengers. It has also been provided that upto 25/8/1992 filed (sic) up registration forms will be accepted alongwith late fine of Rs.1/- per day. The Headmasters headmistress of Government/nationalised High Schools including permission of establishment of High Schools were directed to comply with the said direction. "

The said order is contained in Annexure 5 to the writ application.

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