1. The appellants are unsuccessful petitioners. They prayed before the Single Judge in the writ petition that the Bihar School Examination Board and its functionaries be directed to permit them to appear at the ensuing Physical Teachers Training Examination in the year 2007. The petitioners case was that they had completed Physical Teachers Training Examination Course from Champaran Physical Training College, West Champaran in the Sessions 1989-90, 1990-91, 1992-93, 1994-95 & 1995-96 when the said institution had valid recognition. According to them the enactment of National Council For Teacher Education Act, 1993 (for short, Act of 1993) which came into effect on 29th December, 1993 had not affected the petitioners entitlement of appearing in the examination conducted by the Board in the year, 2007. It was also the case of the petitioners that derecognition of the institution in the year 2004 is also not an impediment for the petitioners in seeking permission to appear in the examination to be conducted by the Board in the year 2007. Strong reliance was placed before the Single Judge upon a decision of the Supreme Court in the case of Sunil Kumar Parimal & Anr. V/s. The State of Bihar & Ors., 2007 4 PLJR 163,.

2. The Single Judge was not persuaded by the contentions of the petitioners and dismissed the writ petition by his order dated 7.11.2007. In the present appeal, the legality and correctness of the said judgment has been challenged.

3. Mr. Rajiv Verma, senior counsel for the appellants, canvassed the same contentions which were advanced before the Single Judge. Besides the decision of the Supreme Court in the case of Sunil Kumar Parimal, he relied upon the Division Bench decision of this Court in the case of B.N. Mandal University V/s. Md. Mustaque Alam & Ors., 2003 4 PLJR 197. He also relied upon a decision of this Court in the case of Sanjay Kumar Mahto & Anr. V/s. The State of Bihar & Ors., 2005 1 PLJR 491, wherein a decision of the Supreme Court in the case of Suresh Pal and Others V/s. State of Haryana and Others, 1987 2 SCC 445, has been referred to.

4. The following facts are not in dispute:

(i) That the appellants took Physical Teachers Training Course from Champaran Physical Training College, West Champaran, in the Sessions 1989-90, 1990-91,1992-93, 1994-95 and 1995-96.

(ii) That the National Council for Teacher Education Act, 1993 came into force on 29th December, 1993 and regulations for Physical Training Course were framed in the year, 1999.

(iii) That the institution, namely, Champaran Physical Training College, West Champaran did not apply for any recognition under the Act of 1993 or the regulations framed thereunder.

(iv) That Champaran Physical Training College, West Champaran was derecognized in the year, 2004.

(v) That the appellants sought to appear in Physical Teachers Training Examination to be conducted by the Board in the year 2007.

5. In the backdrop of the aforesaid facts, the question that falls for determination is as to whether the Board was unjustified in not permitting the appellants to appear in the Physical Teachers Training Examination conducted in the year 2007.

6. There is nothing on record to show that the State Government directed the Board to allow the students of the institution viz. Champaran Physical Training Col lege, West Champaran in the examinations conducted in the years, 1993-94, 1994-95, 1995-96, 1996-97 or thereafter and that the Board did not comply with that. As a matter of fact, the counsel for the appellants did not dispute that at no point of time the State Government made any such request.

7. In the case of Sunil Kumar Parimal the Apex Court noticed that the Board failed to discharge its functions in conducting examination of Tirhut Physical Education College, Muzaffarpur despite repeated directives by the State Government. Sunil Kumar Parimal was a case where although the institution, namely, Tirhut Physical Education College, Muzaffarpur was recognized and