Dr. Zakir Hussain Primary Teachers Training College vs State of Bihar

Non-Reportable

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NOS. 8239 - 8240 OF 2009

Zakir Hussain Primary Teachers Education College & Anr. ...Appellants

Versus

State of Bihar and Ors. ...Respondents

JUDGMENT

K.S. Radhakrishnan, J.

Heard the counsel. These appeals arise out of the judgment of the

Patna High Court in LPA No.99 of 2007 (arising out of CWJC No.11428 of

2006) dated 23.6.2008 and the order dated 25.7.2008 in MJC No.1590 of

2008 rejecting the application for modification of the judgment dated

23.6.2008. These appeals were originally posted along with SLP(C)

Nos.6511/2009, 9378/2009, 14746-14747/2009 and 14744-14745/2009. By

order dated 10.12.2009, these two appeals were de-linked from other cases. 2

2. The Director (Research and Training), Department of Primary Higher

Secondary and Public Education, Government of Bihar passed an order on

26.4.1995 granting recognition to the institution for the period 1979-81 to

1994-96. A copy of the communication was forwarded to the Secretary,

Bihar Schools Examination Board with a request to declare the results for

the examination conducted for the academic sessions 1979-81 to 1983-85.

Later, another communication dated 6.2.1997 was forwarded by the Director

(Research and Training) to the Secretary, Bihar Schools Examination Board,

Patna, intimating that 14 such training institutes were recognized by the

Government including Dr. Zakir Hussain Primary Teachers Training

College, Sultanganj (first appellant herein). Dy. Secretary, Department of

Primary, Higher Secondary & Adult Education, allegedly sent a letter dated

4.9.1997 to the first appellant stating that permission has been granted for

granting recognition to first appellant college for the sessions 1979-81 to

1994-96 and consequently the prior order dated 26.4.1995 stood revoked.

Board, however, addressed a letter dated 17.10.1997 to the Dy. Director for

ascertaining the veracity of the department letter dated 4.9.1997 which was

replied by the Deputy Secretary to the Government in the affirmative vide

letter dated 3.2.1998.

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3. The Board, however, passed a resolution dated 27.2.2004 deciding to

cancel the results of the students of Primary Teachers Training Colleges

which had been withheld and not declared for several years. The legality of

that Resolution was the subject matter of a writ petition - CWJC

No.3794/2004 filed by the students of first appellant college. The writ

petitioners sought a direction to the respondents to produce the Resolution

No.3 dated 27.2.2004 of the Bihar School Examination Board and to quash

the same. The writ petitioners also sought a direction to publish the result of

the examination and other consequential reliefs. The writ petitioners stated

that they were admitted to the primary teachers training course for various

sessions between 1979-81 and 1981-83 conducted by the first appellant -

Dr. Zakir Hussain Primary Teachers Training College, Sultanganj; that at

that time the College was not recognized, though application for recognition

was pending; and that since no order was passed by the State Government

on the application for recognition, a writ petition bearing no.CWJC

2428/1985 was filed which was disposed of by the learned Single Judge of

the Patna High Court on 28.1.1993 directing the State Government to

dispose of the application for recognition.

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4. Counsel for the Board had opposed the said writ petition filed by the

students on the ground of delay and laches. Further, it was also pointed out

that the order passed by the Director granting recognition was contrary to the

provisions of National Council for Teacher Education Act which came into

effect on 17.8.1995. Learned Single Judge noticed that the examination took

place in the year 1984 and the writ petition was filed only on 25.3.2004 and

hence there was considerable delay in approaching the court. He therefore,

dismissed the writ petition on 23.3.2005 mainly on the ground of delay and

laches. The appeal against the said order (LPA No.396 of 2005) was

dismissed on 8.7.2005.

5. Therefore, the appellant college filed a writ petition (CWJC No.11428

of 2006) seeking a direction to the respondents to conduct an examination

for its students of the academic sessions 1984-86, 1985-87, 1986-88, 1987-

89, 1988-90, 1989-91, 1990-92, 1991-93, 1992-94, 1993-95, and 1994-96 by

issuing examination forms, and admissions cards and publish their results.

The said writ petition was also dismissed by a learned Single Judge on

6.12.2006, on the ground of delay.

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6. Aggrieved by the judgment of the learned Single Judge, the appellants

filed an appeal before the Division Bench and the appeal was dismissed in

limine on 23.6.2008. Appellants then preferred MJC No.1590/2008 for

recalling the order dated 23.6.2008 passed by the Division Bench which was

dismissed on 25.7.2008. Aggrieved by those orders, these appeals have been

preferred by the appellants.

7. We heard Shri PP Rao, learned senior counsel appearing for the

appellants, learned counsel appearing for the Board and the learned counsel

appearing for the State of Bihar.

8. Dr. Zakir Hussain Primary Teachers Training College was established

in the year 1975 and the relief sought for was with regard to the recognition

of the college from the years 1979-81 to 1994-96. Several documents were

produced before this Court in support of the various contentions raised by

the parties. We find that the dismissal of the writ petition on the ground of

delay may not be justified in view of the orders dated 20.4.1995, 6.2.1997,

4.9.1997, 3.2.1998 passed by the government from time to time. It is also

stated that the Board has not held the examination for the last two decades

and for the delay on the part of the Board, the college and its students cannot 6

be punished. Only when the examinations were announced, the college

could approach the court. Further, by interim order dated 13.6.2007, the

High Court had directed that the students of the college be permitted to pay

their fees and submit examination forms. In the circumstances we are of the

view that the writ petition ought not to have been dismissed on the ground of

delay and laches and the matter ought to have been considered on merits.

9. At this stage, the learned counsel appearing for the Board submitted

that the Board did not get an opportunity to file its counter affidavit before

the High Court since writ petition was dismissed mainly on the ground of

delay and laches. Counter affidavit for the first time was filed before this

Court along with a copy of the order dated 9.4.2009 issued by the

Department of Human Resource, Government of Bihar canceling the earlier

order dated 4.9.1997 stating that the said order passed was against the

provisions of NCTE Act, 1993. To examine the various contentions raised

by the parties and also the effect of the various orders produced before us, a

detailed examination of the facts are necessary. Since the writ petition was

dismissed mainly on the ground of delay and laches and the Letters Patent

Appeal was dismissed at the admission stage and that the Board did not get

an opportunity to file its counter affidavit, we feel it would be appropriate to 7

give an opportunity to the Board to file its counter affidavit before the High

Court so that the High Court would be in a better position to examine

various contentions urged by the parties.

10. In these circumstances, we are inclined to set aside the judgment of

the High Court and request the Division Bench of the Patna High Court to

hear the matter on merits after giving the parties an opportunity to file

counter affidavits and reply affidavits, if any. In view of the fact that a large

number of students are affected and as the matter relates to courses

undergone more than two decades ago, we request the High Court to dispose

of the matter expeditiously. We make it clear that we have not expressed any

opinion on the merits of the case. The appeals are accordingly disposed of.

___________________J.

[R. V. Raveendran]

____________________J.

[K.S. Radhakrishnan]

New Delhi;

March 16, 2010.