Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Education/Educational Institutions: Examination for sessions 1994-95 and 1995-96 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Education/Educational Institutions: Examination for sessions 1994-95 and 1995-96 - Not held inspite of instructions of State authorities to Board - Writ petition by students - Dismissed on the ground that respondent - College had been de-recognised - On appeal, held: Respondent-College lost its recognition only w.e.f. 17.08.2005 when the NCTE Act came into force and before that date, it was duly recognised institution - Palpable injustice done to the students due to inefficiency of Board - Case fit for exercising jurisdiction under Article 142 of Constitution - Authorities directed to permit aggrieved students to appear in examination - National Council of Teacher Education Act, 1993 - Constitution of India, 1950 - Article 142.The appellants had taken admission in C.P.Ed. and D.P.Ed. courses for the sessions 1994-95 and 1995-96 in the recognised respondent-College. The examinations for the said courses were to be held by the respondent-Board. The respondent-Board has not taken any steps to hold the examinations for these sessions. On 18.12.1999, the Department of Art, Culture and Youth Affairs, Government of Bihar, forwarded a list of the eligible students who were to appear in the examination of C.P.Ed and D.P.Ed. courses from different Colleges in the State of Bihar for the academic sessions 1994-95 and 1995-96 to the respondent-Board. On 26.06.2001, the respondent-Board wrote a letter to the Deputy Secretary (Art, Culture & Youth Affairs Department), Government of Bihar, in which it was stated that the list of the candidates of two colleges, namely, respondent-College and another college had been received but the list of candidates of remaining three colleges was not received which was requested to be sent so that steps to hold the examination collectively could be taken. In reply to the above-said letter, the Deputy Secretary by letter dated 5.10.2002 requested the Examination Committee of the respondent-Board to conduct the examination for students of C.P.Ed. and D.P.Ed. course of the respondent-College along with the examination proposed to be held for the students of Government Health and Physical Training College. The Principal of the respondent-College on 8.10.2002 also wrote a letter to the Secretary of the respondent-Board bringing to his notice the sad and miserable plight of the appellants and requested respondent-Board to conduct the examination of those students along with the examination likely to be conducted for the Government Health and Physical Education College. The respondent-Board in November, 2002 conducted the examinations for C.P.Ed. and D.P.Ed. courses for the students of Government Health and Physical Education College, but it refused to admit the appellants and other students to take the examinations. The appellants filled writ petition seeking writ of mandamus to allow them to appear in the examination. Single Judge dismissed the writ petition of the appellants primarily on the ground that on and with effect from the day of enforcement of the National Council for Teacher Education Act, 1993, the respondent-College was de-recognised and as a result thereof the respondent-Board is not competent to allow the students to appear in the examination, who is pursuing or has pursued the course in a non-recognised institution. Division Bench of the High Court dismissed the appeal. Hence the present appeal. |
Judge | Hon'ble Mr. Justice Lokeshwar Singh Panta |
Neutral Citation | 2007 INSC 907 |
Petitioner | Sunil Kumar Parimal And Anr. |
Respondent | The State Of Bihar And Ors. |
SCR | [2007] 9 S.C.R. 890 |
Judgement Date | 2007-09-11 |
Case Number | 4190 |
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