IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.338 of 2026 ======================================================

Al- Hafeez College Alimabad, Murshidpur, Old Police Line, Arrah- 802301 through its Secretary Shahid Alim (Male), aged about 51 Years, Son of Abdul Kafil Hafizee, Near Al-Hafeez College, Old Police Line Arrah, P.O. and P.S. -

Arrah, District - Bhojpur.

... ... Petitioner/s Versus

1. Bihar School Examination Board Buddha Marg, Patna through its Secretary.

2. The Chairman, Bihar School Examination Board, Buddha Marg, Patna. 3. The Secretary, Bihar School Examination Board, Buddha Marg, Patna.

4. The Director (Academic), Bihar School Examination Board, Buddha Marg, Patna.

5. The Examination Controller (Higher Secondary), Bihar School Examination Board, Buddha Marg, Patna.

6. The State of Bihar, through the Additional Chief Secretary-cum-Principal Secretary, Education Department, Govt. of Bihar, New Secretariat, Patna.

7. The Additional Chief Secretary cum Principal Secretary, Education Department, Govt. of Bihar, New Secretariate, Patna.

8. The District Education Officer, Bhojpur, Ara.

... ... Respondent/s ======================================================

Appearance :

For the Petitioner/s : Mr. Arun Kumar, Adv.

For the Respondent/s : Mr. Sitaram Yadav, GP-16 Mr. Yatindra Narayan, AC to GP-16 For the B.S.E.B. : Mr. P.K.Shahi, Adv. General Mr. Gyan Shankar, Adv.

Ms. Ankita Roy, Adv.

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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR

ORAL JUDGMENT

Date : 10-02-2026 Heard the parties.

2. The petitioner, a college in question, duly represented through its Secretary, has approached this Court seeking a direction upon the respondent, Bihar School Examination Board, Patna (in short ‘B.S.E.B.’) to take appropriate steps and upload the name of the admitted students of the petitioner’s college on the admission portal and accept the registration fee and forms, as well as examination fee and forms of the students of the Academic Session 2024-26 and allow them to appear in the ensuing examination to be conducted by the Board. The petitioner college also sought a further direction to activate the portal of the petitioner college for filling up the examination form for the ex-students and improvement student of the academic session 2023-25, so that they may appear in the examination to be conducted by the respondent Board. 3. Briefly stated that the petitioner college, duly recognized minority educational institution was established in the year 1979 and got the recognition as a minority college by the Government of Bihar in the Department of Education vide letter dated 18.12.1985. The college having received approval of affiliation by the State Government for the Session 1979-80, granted permanent affiliation on 24.09.2010 by the University and subsequently by the State Government on 31.05.2011.

4. It is the contention of the petitioner that the college has been imparting degree as well as intermediate courses from the very inception. So far the degree courses are concerned, the petitioner has a valid affiliation from the concerned University and approval from the State Government. Likewise, for the intermediate courses, the petitioner institution had due recognition from the erstwhile Bihar Intermediate Education Council and subsequently after coming into force of Bihar School Examination Board Act, it got the status of being recognized from the respondent Board.

5. Mr. Arun Kumar, learned Advocate for the petitioner, adverting to the facts stated in the writ petition has submitted that while the petitioner college had been imparting degree as well as intermediate courses, in the meanwhile, the Education Department of the State Government came out with a resolution under memo no. 587 dated 21.02.2024 taking a decision that after issuance of this letter, + 2 level education shall be imparted only in higher secondary schools established in the State and the +2 level education