Repeated promulgation of Ordinances without enacting legislation is a violation of the constitutional scheme and an improper exercise of power by the Governor.

S.B.Sinha, J.

1. In this application, the petitioner has inter alia prayed for a declaration that Bihar Intermediate Education Council Ordinance, 1991 (Bihar Ordinance 6 of 1991) is unconstitutional and void.

2. Petitioner No. 1 is an Association of social activists. Petitioner No. 2 is a practicing advocate and father of a student who had allegedly suffered at the hands of respondent No. 3.

3. According to the petitioner, the Bihar State Intermediate Education Council Ordinance was first promulgated in the year 1982. Despite expiry of the said Ordinance, similar Ordinances were promulgated, from time to time successively and the last Ordinance in the series is the aforementioned Ordinance No. 6 of 1991.

4. The vires of Bihar Intermediate Education Council Ordinance, 1985, along with various other Ordinances was questioned before the Hon ble Supreme Court of India by one Dr. D. C. Wadhawa and the Supreme Court in Dr. D. C. Wadhwa and Ors. V/s. State of Bihar and Ors. reported in -- struck down the said Ordinance as unconstitutional and void.

5. According to the petitioner despite the said fact the aforementioned Ordinance had been repromulgatedi methodologically and deliberately by the concerned respondents which is a fraud on the Constitution.

6. Paragraphs 12 to 14 of the writ application used as follows:

That earlier the Intermediate Education was being controlled by as many as six Universities. Gradually the number of students have tremendously increased, but only for political and selfish gains at the cost of the students and guardians, a political decision was taken to form an Intermediate Education Council for whole of the State of Bihar. Thus, the load and responsibilities which was being carried out by six Universities have been loaded on a newly born baby i.e. respondent No. 3. From 1982 till 1983, the respondent No. 3 was running only to the benefits of some persons who were adorning its posts at the costs of the citizens. For the first time respondent No. 3 under took the task of conducting examinations of Intermediate Education in 1989 and the results have been disastrous to the great detriment and irreparable Joss to the students. As a matter of fact, respondent No. 3 have completely failed to carry out the provisions of the Intermediate Education Council Ordinance and the purposes for which it was formed as enumerated under Sec. 15 of the Ordinance of 1991. Besides, even after lapse of ten years, the provisions of Chapter V, specially provisions of Secs. 35, 36 and 37 are yet to be followed. Respondent No. 3 has also failed to effectively implement and make viable alternative and arrangements as provided in Chapters 6 and 7 of the 1991 Ordinances.

That the Bihar Intermediate Education Council has insufficient staff, ill-equipped office, inefficient and inexperienced persons in the office and it has become a house of extortion and harassment to the students. It is relevant to state that respondent No. 3 has no branch or regional officer as a result for even minor work, everyone has to run to Patna and it is difficult to do even genuine work in the office of the respondent No. 3 without grossing the palms of the concerned employees. The Council is in a mess and in complete shambles.

That on the one hand, the State Government is increasing the number of Universities for the facility of the persons residing in the area and on the other hand the load of six Universities has been loaded on respondent No. 3. Thus, the load of six vehicles have been loaded on one vehicle. The result is naturaly disastrous. The action on the part of the respondents is completely arbitrary and violative of Article 14 of the Constitution of India.

7. In this case, the hearing of this application commenced on 31-3-1992 and on 1-4-1992 a counter-affidavit was filed on behalf of respondent No. 1. In the said counter-affidavit, it has been contended that respondent and the Secretary Human Resources Development Department who are contro