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IN THE HIGH COURT OF JUDICATURE AT PATNA
Jyoti Saran, Arvind Srivastava, JJ.
Rajendra Kishore B. Ed. College through it’s Chairman and Ors. – Petitioners
Versus
The Bihar School Examination Board through it’s Secretary and ors. – Respondents
Civil Writ Jurisdiction Case No. 19046, 21615, 19622, 20481, 20487, 19917, 20117, 19582, 20491, 19523, 19069, 18917, 20551, 18540 of 2018
Decided On : 28-03-2019
Bihar School Examination Board (Issuance of Teachers Education No Objection Certificate, Affiliation Norms and Procedure) Regulation, 2016 – Clauses 7 and 8(xiii) – Affiliation – Petitioners seek a writ in nature of mandamus to command Bihar School Examination Board through its Chairman and Secretary for granting affiliation to Colleges with effect from Session 2016-18 and alongside, to permit students of petitioner Colleges to fill up examination forms on-line for appearing in examination to be held for Diploma in Elementary Education (D.El.Ed.) for Session 2016-18 – Each of these Training Colleges have been granted No Objection Certificate by respondent Board in terms of Clause 7 of the ‘2016 Regulation’ which repealed all the earlier regulations – Board cannot approbate and reprobate at the same time and if these petitioners colleges have in admitting students for Session 2016-18 without obtaining affiliation from respondent Board although they had obtained recognition for said session from NCTE which according to Board is in gross violation of Clause 8(10) of the NCTE Regulation, 2014, then on same ground validating provision sought to be incorporated through Clause (xiii) to Regulation 8 of 2016 Regulations would have to be struck down for apparent violation of Article 14 of Constitution of India – Even though a class legislation based upon intelligible differentia with a purposeful object can withstand the test of discrimination but where it fails to satisfy such test, it would invite an intervention – Affiliation granted. (Paras 2, 11, 29, 30 and 41)
Constitution of India – Article 14 – Class Legislation – Constitutional muster – Article 14 of Constitution of India guarantees a citizen of Country that State shall not deny him/ her, equality before law or equal protection of laws within territory of India – Article 14 of Constitution of India forbids a class legislation by a State though, it does not forbid a reasonable classification provided it is not arbitrary and is based on some sound object – Where members of a same class are treated differently with an object to outclass them, though similarly placed, it would strike at root of Article 14 of Constitution and such legislation cannot reflect will of people rather is designed to provide relief to a class in particular and would fail on the test of discrimination. (Para 36)
JUDGMENT :
Jyoti Saran, J.
The petitioners in each of the writ petitions pray for identical reliefs and it is for this reason that all these writ petitions have been heard analogous and are being disposed of with the consent of the parties at the stage of admission by a common judgment.
2. The petitioners in this batch of writ petitions are the Teachers Training Colleges established for imparting courses in Diploma in Elementary Education and/or the students of such Colleges. They seek a writ in the nature of mandamus to command the Bihar School Examination Board through its Chairman and Secretary for granting affiliation to the Colleges with effect from the Session 2016-18 and alongside, to permit the students of the petitioner Colleges to fill up examination forms on-line for appearing in the examination to be held for Diploma in Elementary Education (D.El.Ed.) for the Session 2016-18.
3. Though the reliefs have been articulated in a different manner in the writ petitions but the Teachers Training Colleges/students, who are petitioners before this Court in each of the writ petitions, in substance seeks a direction to the authorities of the respondent Bihar School Examination Board (hereinafter referred to as ‘the Board’) and its authorities to grant them a permanent affiliation from the Session 2016-18 and allow the students on the rolls of the respective Colleges for the Sessions in question to appear in the examination to be held by the Board.
4. The facts of the case lie in a very narrow compass. According to the learned counsel appearing for the petitioners, most of these Colleges were affiliated with the University for imparting Bachelor of Education (B.Ed.) courses after following the due process of law. The issue in dispute is in regard to grant of permanent affiliation for conducting Diploma in Elementary Education (D.El.Ed.) courses by the respective Colleges exclusively for the Session 2016-18. We say so because the pleadings available on records in C.W.J.C.No. 19046/2018, 20491/2018 and 18540/2018 which has been referred to for the purpose of representational facts which cover the cases of the other petitioners as well, do confirm that these Colleges had come before this Court in a batch of writ petitions arising from C.W.J.C.No, 11089/2016 which was heard analogous with other cases and by a short order passed on 20.12.2016 a learned Single Judge of this Court disposed of the writ petitions taking note of the Bihar School Examination Board Diploma in Elementary Education (D.El.Ed.) Courses Affiliation Regulation, 2016 and the submission of the respondent Board that they would complete the process of grant of affiliation expeditiously and within a period of two months.
5. Some of the Colleges had moved the Supreme Court directly under Article 32 of the Constitution of India and which writ petition also was disposed with direction to the Secretary of the Bihar School Examination Board to consider the application of the Training College for grant of affiliation and if legally permissible, also to consider the prayer for grant of affiliation for the academic year 2016-17.
6. The orders passed by the learned Single Judge of this Court and the Supreme Court are on the records of the proceedings in the counter affidavit filed on behalf of the Board in C.W.J.C.No. 19046/2018 as well as in some other writ petitions.
7. It is not in dispute that following the orders passed by this Court and the Supreme Court most of these Colleges have been granted affiliation by the respondent Board for the Session 2017-19 onwards for imparting Diploma in Elementary Education (D.El.Ed.) course in respective Colleges except the petitioner no.3 in C.W.J.C.No. 19917 of 2018. The letters of affiliation are enclosed in the respective writ petitions and/or in the counter affidavit of the respondent Board. Similar letters of affiliation also finds enclosed in the counter affidavit filed in other writ petitions. It is after grant of affiliation to the pet
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