JUDGMENT

SANJEEV PRAKASH SHARMA, J.:–

Heard the parties.

2. All the three writ petitions raised common questions of law and was affirming, however heard together.

In CWJC No. 3516 of 2021, petitioner is a registered trust. In C.W.J.C. No. 3365 of 2021, 15 colleges have jointly filed the petition. In C.W.J.C. No. 86 of 21, another Trust Society Union of the teachers and employees are before the Court.

3. The grievances raised are with regard to the Intermediate Colleges which are affiliated to the Universities. It is admitted position that the petitioners are colleges which were established between the period from 1978 to 1992. Earlier, the Bihar Intermediate Education Council Ordinance, 1980 was promulgated and the said Ordinance continued to remain in force till it took a shape of enactment by the name of Bihar Intermediate Education Council Act, 1992.

4. Learned Senior Advocate appearing for the petitioners has submitted that the Inter classes were being part of the College as an integrated course of studies and on coming into force of the Ordinance of 1980, Intermediate Education Council recognized these Colleges as Inter Colleges. On coming into force of the Bihar Intermediate Education Council w.e.f. 9.9.1992, the Inter Colleges were in a separate recognition for imparting education of Intermediate standard namely +2. The Act provided for establishment, recognition and management of the Inter Colleges as a separate entity. However, those Institutions, which were imparting education of Intermediate standard were treated separately under the Act of 1992.

5. It would be apposite to quote Section 39 of the Act of 1992 as under:—

“39. Institutions imparting education of intermediate (+2) standard.—(1) Notwithstanding anything contained in Patna University Act, 1976 (Bihar Act 24 of 1976) and Bihar State Universities Act, 1976 (Bihar Act 23 of 1976) for the purpose of this Act, the following Institutions shall be deemed to be Institutions imparting education of Intermediate (+2) standard.—

(a) Constituent College of any University of the State of Bihar or College maintained by the State Government in which there is arrangement for Intermediate (+2) teaching:

(b) Degree College admitted to the privilege by any University of the State of Bihar before promulgation of this Act in which there is arrangement for teaching of Intermediate (+2) standard;

(c) College admitted to the privilege by any University of the State of Bihar affiliated up to the Intermediate (+2) standard before promulgation of this Act;

(d) Institutions imparting education up to Intermediate (+2) standard recognised by the Council under this Act.

(2) Institutions imparting education of Intermediate (+2) standard of the category of clauses (a), (b) and (c) of sub-section (1) the Intermediate (+2) part of such Institutions shall with the promulgation of this Act be deemed to be duly recognised by the Council.”

6. Learned Senior Counsel referring to the aforesaid Section submitted that the petitioner members of the Union and the other Colleges and other petitioners are those who are falling in category 39 (I) (b) namely those which are affiliated to the University of the state and have an arrangement of teaching of Intermediate +2 standard. Referring to Sub-clause 2 of Section 39, he submits that the petitioners Institution would be deemed to be duly recognized by the Bihar intermediate Education Council as found under the Act of 1992.

7. Learned counsel submits that accordingly, the petitioners were continuing as recognized Institutions and have been imparting +2 level education in the State of Bihar. Students have been admitted accordingly, who have been all registered by the Council, which has accepted their fees and forms, conducted the examinations and certificates were issued to such students.

8. Learned counsel submitted that by repealing Act of Bihar namely Bihar Intermediate Education Council (Repeal Act, 2007), the Act of 1992 was repealed and the Intermediate Council was