SUNIL KUMAR PARIMAL AND ANR. versus THE STATE OF BIHAR AND ORS.

SUNIL KUMAR PARIMAL AND ANR. versus THE STATE OF BIHAR AND ORS.

The respondent-College lost its recognition only from 17.08.2005 when the NCTE Act came into force; prior to that, it was duly recognised, and the Board's refusal to conduct examinations amounted to palpable injustice to the appellants, warranting the exercise of Article 142 to allow them to appear for their examinations.

Parties
Appellant: Sunil Kumar Parimal and another; Respondent: State of Bihar and others
Jurisdiction
India
Judgment Date
11 September 2007
Procedural Posture
Civil Appeal / Final Judgment on Appeal From Division Bench Decision
Outcome
Appeal allowed; impugned judgments set aside
Legal Topics
Recognition and Derecognition of Educational Institutions, Conduct of Examinations, Jurisdiction Under Article 142
Education Law Administrative Law Constitutional Law Recognition and Derecognition of Educational Institutions Conduct of Examinations Jurisdiction Under Article 142

Case Brief

Summary, issues, holding and outcome

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Parties

Sunil Kumar Parimal and another

Appellant

State of Bihar and others

Respondent

Procedural Posture

Civil Appeal / Final Judgment on Appeal From Division Bench Decision

Legal Issues

  1. 1 Whether the respondent-College was correctly treated as de-recognised for purposes of the 1994-95 and 1995-96 sessions under the NCTE Act, 1993
  2. 2 Whether the Board's refusal to conduct examinations for the appellants was justified
  3. 3 Whether Article 142 jurisdiction should be exercised to allow the appellants to appear in the examination

Ratio Decidendi

The respondent-College lost its recognition only from 17.08.2005 when the NCTE Act came into force; prior to that, it was duly recognised, and the Board's refusal to conduct examinations amounted to palpable injustice to the appellants, warranting the exercise of Article 142 to allow them to appear for their examinations.

Court Disposition

Appeal allowed; impugned judgments set aside

Orders

  • Respondent Nos. 1 to 6 are directed to permit the appellants to appear in examinations for C.P. Ed. and D.P. Ed. courses for sessions 1994-95 and 1995-96 on the next available opportunity.
  • The result of the appellants shall be declared without delay.