Students of an unrecognised institution cannot be allowed to appear in an examination or have their results published.

Both the aforesaid writ applications have been filed by the petitioners claiming themselves to be the students of S.M. Zaheer Alam Training College, Bahera, and, as such, they have been heard together and are being disposed of by this common judgment.

2. In C.W.J.C. No. 2209/95 the petitioners claim to have been the students of B.Ed. Course in the Session 1987-88, 1988-89, 1989-90, 1990-91, 1991-92, 1992-93 and 1993-94 and they have filed this application for a direction to the respondent-L.N. Mithila University, Darbhanga, to hold examination and allow them to appear in the examination of B.Ed.

3. In C.W.J.C. No. 2210/95 the petitioners claim that they were the students of B.Ed. Course for the session 1984-85, 1985-86 and 1986-87 in the aforesaid College and have prayed for a direction to the respondent L.N. Mithila University to publish the result of B.Ed. Examination for the aforesaid session conducted by the University in pursuance of the interim order dated 16-8-88 passed in C.W.J.C. No. 4232/88.

4. The facts necessary for the disposal of the applications are that in the year 1984 Rauf Muslim Jamia Society established a minority institution, namely, S.M. Zaheer Alam Training College, Sahera, in the district of Darbhanga (Respondent no. 6). Respondent no. 6 moved before the State Government for granting recognition under the provisions of Bihar Non-Government Physical Training College and Non-Government Primary Teachers Education (Control and Regulation) Act, 1982 (hereinafter referred to as the Act) read with relevant Rules. When no decision was taken by the State Government, Officer bearers of the College filed a writ application before this Court, being C.W.J.C. No. 4232/88, for recognition/affiliation of the College under the Act. During the pendency of the said writ application, on 16-8-88 an interim order was passed by this Court permitting the students of the College to appear in the examination with a condition that the result shall not be published until further orders in the case. The said writ application was finally disposed of on 24-4-94 (vide Annexure-2) and this Court directed the State Government to consider the case of the College (respondent no. 6) in the light of the Full Bench decision in the case of Rahmania Primary Teachers Training College & ors. vs. The State of Bihar, reported in 1991 (1) PLJR 595. Thereafter the State Government considered the matter in accordance with the provisions of the Act and the Rules and by order dated 29-9-94 (Annexure-3 in C.W.J.C. No. 2210/95) granted permanent recognition to the College (Respondent no. 6) for imparting education in B.Ed. teachers training. Thereafter, the University asked the College to supply the relevant documents regarding number of students, building etc. as the records were not available in the University. Accordingly the documents were supplied by the College authorities. The College requested the University to publish result for the sessions 1984-85, 1985-86 and 1986-87 and hold examination of the students for the session 1987-88 to 1993-94. The University supplied the forms etc. and, thereafter, the College deposited the examination fees of Rs. 5,000/-. However, the University did not accept the forms and fees of the students of the College in question and announced the date of B.Ed. and Dip-in-Tech. 1994 examination. The College moved the civil court and obtained an injunction and the matter is pending in appeal. It is not stated by either party as to what happened to the said appeal.

5. From the counter affidavit filed on behalf of the State in C.W.J.C. No. 2209/95, it appears that the College was granted affiliation on 29-9-94 and it is operative from the academic session, i.e. 1994-95 and it is not retrospective in operation meaning thereby it will not relate back to the earlier teaching sessions. A letter no. 153 dated 2.1.1995 purported to be issued from the Department of Primary Education and Mass Education, Bihar, was sent to the Vice