KUMARI RANJANA MISHRA AND ANR. versus THE STATE OF BIHAR AND ORS.

Citation: [2011] 4 S.C.R. 570 · Decided: 10-03-2011 · Supreme Court of India · Bench: R.V. RAVEENDRAN · Disposal: Appeal(s) allowed
Open in Lexace · Ask the AI about this case
Judgment (excerpt)

A 
B 
[2011] 4 S.C.R. 570 
KUMARI RANJANA MISHRA AND ANR. 
v. 
THE STATE OF BIHAR AND ORS. 
(Civil Appeal No. 2416 of 2011) 
MARCH 10, 2011 
[R.V. RAVEENDRAN AND A.K. PATNAIK, JJ.] 
Education/Educational Institutions - Bihar School 
Examination Board Rules, 1963 - Rule 7 -Entitlement of 
C students to appear in examination after de-recognition of 
educational institution - Physical Training College in question 
was recognized by the State Government during the years 
when the appellants undertook C.P.Ed. (Certificate of Physical 
Education) course from the said College - Subsequently, 
D NCTE Act came into force and Regional Committee of the 
NCTE was vested with the power to grant recognition - Much 
later, the State Government revoked the recognition of the 
said Co/fege - Appellants filed writ petition for direction to the 
Examination Board to allow them to appear in C.P.Ed. 
E examination - Writ petition dismissed by the High Court - On 
appeal, held: The Examination Board was under a duty to 
hold C.P.Ed. examination for students of the college and this 
duty could be enforced by the Court by an appropriate writ or 
direction by the High Court u!Article 226 of the Constitution 
F -
The High Court was not right in taking the view that without 
a direction of the State Government to the Examination Board 
to allow the appellants to take the examinations, no relief 
could be granted by the High Court to the appellants - The 
College in question was duly recognized by the State 
G Government during the year 1989-1990 when the appellants 
were admitted to the C.P.Ed. course and when the NCTE Act 
had neither been enacted nor come into force - Also, 
recognition of all non-Government Physical Training Colleges 
including the College in question was revoked presumably 
H 
570 
• 
• 
KUMARI RANJANA MISHRA AND ANR. v. STATE OF 571 
BIHAR AND ORS. 
because the State Government no longer had the power to 
A 
grarit recognition and non-Government Physical Training 
Colleges in the State "''ere required to obtain recognition from 
the Regional Committee of the NCTE - Order of the High 
Court accordingly set aside and Examination Board directed 
to conduct GP.Ed. examination fur the appellants - National 
B 
Council fof Teacher Education Act, 1993 - s.14 - Constitution 
of India, 1950 - Art. 226. 
The Government of Bihar granted temporary 
recognition to the Physical Training College in question c 
for C.P.Ed. (Certificate of Physical Education) course 
from July, 1986 alongwith permission to the students of 
the College to appear in· the examinations subject to 
certain conditions stipulated in the order dated 
09.08.1988. The two appellants took admission in the 
D 
C.P.Ed. course in the sa·.d College in the academic 
session 1989-1990. Several other students also took 
admission in the C.P.Ed. course in the College in different 
academic years 1989-1990 to 1995-1996. Witl1 effect from 
01.07 .1995, the National Council for Teacher Education 
Act, 1993 came into force and under Section 14 of the 
E 
NCTE Act, the power to grant recognition was vested in 
the Regional Committee of the National Council for 
Teacher Education (NCTE) with effect from 17.08.1995. 
On 13.04.2004, the State revoked the recognition of the 
College and all other Non-Government Physical Training 
F 
Colleges in the State. 
The two appellants and five other candidates, who 
had l:ndergone the C.P.Ed. course in the said College 
during the academic years 1989-1990 to 1995-1996, 
G 
moved the High Court under Article 226 of the 
Constitution for a direction to the Bihar School 
Examination Board to release the forms and accept the 
fees and forms of the appellants and the five other 
H 
e 
572 
SUPREME COURT REPORTS 
[2011] 4 S.C.R. 
A candidates on the basis of the training courses 
completed in the academic sessions 1989-1990 to 1995-
1996 from the College and to allow them to appear in the 
examination to be conducted in 2007. A Single Judge of 
the High Court dismissed the Writ Petition. The order was 
B upheld by the Division Bench of the High Court. 
The appellants contended before this Court that their 
College was recognized by the State Government during 
the years 1989-1990 to 1995-1996 when the appellants 
C and five other candidates undertook the C.P.Ed. course 
and that the Regional Committee of NCTE was vested 
with the power to grant recognition only after the NCTE 
Act came into force on 01.07 .1995 and, therefore, the 
Bihar School Exa
Excerpt shown. Read the full judgment & AI analysis in Lexace.