MANAGING COMMITTEE OF BHAGWAN BUDH PRIMARY TEACHERS TRAINING COLLEGE AND ANR.versusSTATE OF BIHAR AND ORS.

    MANAGING COMMITTEE OF BHAGWAN BUDH PRIMARY
-       TEACHERS TRAINING COLLEGE AND ANR.
                                         v.
                                                                                 A

                       STATE OF BIHAR AND ORS.

                             NOVEMBER 6, 1989
                                                                                 B
                [M.H. KANIA AND KULDIP SINGH, JJ.)

         · Educational Institutions: Education Act: Application for recogni-
    tion of educational institution-Necessity for early disposal by Govern-
    ment-Emphasised.

         The petitioners in the special leave petition started, without          c
    recognition, a teachers training college in Bihar, and later applied for
    permission to allow its students to appear at the examination on the
    ground that the question of its recognition had not been decided by the
    Government. The petitioners failed to get the desired relief from the
    High Court.                                                                  D

          Dismissing the special leave petition, this Court,

          HELD: (1) A number of mushroom institutions have sprung up in
    the State of Bihar without getting any recognition and thereafter have
    tried to get the permission from courts that its students be allowed to      E
    appear at the examination on grounds of sympathy. [l4G)

          (2) It is not possible to grant any such permission as prayed for
    because the granting of such permission would be clearly violating the
    provisions of the Education Act. [258)
                                                                                 F
          S.L.P. No. 12014 of 1987 decided on November 25, 1987 A.P.
    Christians Medical Educational Society v. Government of A.P. & Anr.,
    [1986) 2 sec 667, referred to.

          (3) The application for recognition in this case was made by
    the petitioners as early as 1986 and that application has not still          G
    been disposed of. The same should be disposed of within 4 weeks from
    today. [2SF)

          (4) The concerned department of the Government of Bihar,
    should see to it that applications for recognition of educational institu-
    tions are decided promptly and where such an application is without          H

                                        23
    24          SUPREME COURT REPORTS                [1989] Supp. 2 S.C.R.

A merit, the Government should promptly reject. the same and take
  steps to see to it that the rejection is brought to the attention of the
  students of the institution concerned so that they may not waste further
  time and money by undergoing training in that institution. [2SC]

        (5) The failure of the Government to take such action would only
B reflect callous indifference to the interests of the young students to
  whom the Government certainly owes certain responsibilities. [25D I

          (6) The State should consider taking such steps, Criminal or
    Civil, as open to it in law, to stop such institutions and those who run
    them from misleading students and deceiving them. [2SE]
c        (7) The State Government of Bihar shall get published advertise-
    ments in at least three newspapers in that State with wide circulation
    warning students not to take admission in any educational institution
    which has not got recognition and making it clear that if they do so, they
    would be doing so at their own risk. [25G I
D
          CIVIL APPELLATE JURISDICTION: Special Leave Petition
    (Civil) No. 10326 of 1989.

         From the Judgment and Order dated 1.8.1989 of the Patna High
    Court in C.W.J.C. No. 5768 of 1989.
E
          R.K. Jain, R. Sharma, R.P. Sharma and Ms. Sangeeta Tripathi
    for the Petitioners.

          The Judgment of the Court was delivered by

F        KANIA, J. This is one more case of an educational institution
  started in the State of Bihar without recognition applying for permis-
  sion to allow the students, whom it has admitted and, from whom it
  has presumably recovered substantial fees, to be allowed to appear at
  the ensuing examination on the ground that the question of its recogni-
  tion has not been decided by the Government. It appears from the
G judgment of the High Court that a number of similar mushroom
  institutions have sprung up in the State of Bihar without prior recogni-
  tion, have admitted students, received fees from them and allowed
  them to undergo training for a substantial period of time without get-
  ting any recognition and thereafter tried to get permission from the
  Court for their students to be allowed to appear at the examination on
H grounds of sympathy. This impression has been gathered from a
        MANAGING COMMITTEE v. STATE OF BIHAR [KANI,A, J.]                 25

 number of similar applications made to this Court in the last few
                                                                                A
 months.

        It is not possible to grant any such permission as prayed for
  because the granting of such permission would be clearly violating the
  privisions of the Education Act (See the judgments in S.L.P, No.
  12014 of 1987 _decided on November 25, 1987 and the A.P. Christians           B
  Medical Educational Society v, Government of A.P. & Anr., AIR 1986
  SC 1490: [1986] 2 SCC 667. What is however, unfortunate is that
  applications made by various educational institutions to the Govern-
  ment for recognition are not promptly disposed of. In fact, we are of
  the view that the concerned department of the Government of Bihar
  should see to it that applications for recognition of educational institu-
  tions are decided promptly and where such an application is without           c
  merit, the Government should promptly reject the same and take steps
  to see to it that the rejection is brought to the attention of the students
  of the institution concerned so that they may not waste further time
  and money by undergoing training in that institution. The failure of
  the Government to take such action would only reflect callous indiffe-        D
  rence to the interests of the young students to whom the Government
  certainly owes certain responsibilities. We also feel that the State
  Government should issue advertisement through newspapers and
  other possible channels, if any, to ensure that students do not get
· misled by such unrecognised institutions into wasting their precious
  time and money in undergoing training which will be of no avail to            E
  them. We find that there appears to be a large number of students in
  the State who are misled by such institutions. In fact, the State should
  consider taking such steps, criminal or civil, as open to it in law to stop
  such institutions and those who run them from misleading students and
  deceiving them.
                                                                                F
       We are informed that in the present case, the application for
 recognition was made by the petitioners and as early as 1986 that ·
 application has not still been disposed of. We direct that, if this so, the
 application should be disposed of within 4 weeks from today.

       In these circumstances, we direct the State Government of Bihar          G
 to _get published advertisements in at least three newspapers in that
 State with wide circulation warning students not to take admission in
 any educational institution which has not got recognition and making it
 clear that if they do so, they would be doing so at their own risk. The
 advertisements to be issued within three weeks from the date of
 receip~ of this order by the department concerned. We direct that the          H
    26         SUPREME COURT REPORTS                [ 1989] Supp. 2 S.C.R.

A   copies of this order be sent forthwith to the Chief Minister of Bihar,
    the Minister in-charge of the Education Department and the Secretary
    of that department.                               ·

          Special leave petition is dismissed with these observations. In
    case the application of the petitioners for recognition is granted, the
B   Government will consider the granting of appropriate relief to the
    students in respect of the years for which the recognition is concerned.

    R.S.S.                                               Petition dismissed.