Pat HC | “There is no equality in illegality” – School having no affiliation cannot seek to induct students pleading that the same was previously allowed

Patna High Court: The Bench of Mohit Kumar Shah, J. dismissed a petition filed by a school having no affiliation, which sought approval for allowing students to appear for the intermediate examination.

Petitioner-college had approval from the State government only for induction of students in the Arts faculty for two academic sessions. The Science faculty of college had no approval. However, petitioner had already inducted students in Science stream, and thus it sought to seek their registration for appearing in 2019 Intermediate examinations. 

Petitioner’s submission was that since in the past even without any affiliation/ recognition, its students had been permitted to appear in Intermediate examination, this year also the same facility be extended.

The Court noted that the petitioner-college had no affiliation/recognition/permission from either the State Government or Bihar School Examination Board for the purposes of admitting students in class XI and XII. Hence, it was apparent that petitioner had illegally inducted students in Arts as well as Science stream and in the process had duped innocent students. It was opined that petitioner’s submission for allowing the students to appear in examination this year as the same had been allowed previously was fallacious, inasmuch as illegal precedents cannot become a rule and illegality cannot be perpetuated.

It was noted that around 384 candidates of petitioner-college from Science stream had appeared in Intermediate examination 2019 though the same was illegal. However, the Court restrained itself from cancelling the candidature of such candidates keeping in mind future career of the innocent students and also the fact that they had no complicity in the matter.

In view of the above, the petition was dismissed with a direction to the State government and Bihar School Examination Board to give wide publicity to the fact that the petitioner-college had no recognition/ affiliation from either of them, so that innocent children are not duped by it. Further, it was directed that appropriate action be taken against the petitioner and its functionaries, after holding an enquiry.[Wazirganj College v. State Of Bihar, 2019 SCC OnLine Pat 261, Order dated 01-03-2019]

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