IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6599 of 2010 1. MADHUSUDAN SAH HIGH SCHOOL, DHURIYAHI, P.O.MADARICHAK, P.S.MANIHARI, DISTT-KATIHAR, THROUGH ITS HEADMASTER DILIP KUMAR SINGH S/O LATE ACHMIT SINGH VILL POGALBADI, KABIRDHAY, P.O.NARAYANPUR, P.S.MANIHARI, DISTT-KATIHAR Versus 1. THE STATE OF BIHAR 2. REGIONAL DEPUTY DIRECTOR PURNEA REGION, PURNEA, BIHAR 3. DISTRICT EDUCATION OFFICER KATIHAR, DISTT-KATIHAR 4. BIHAR SCHOOL EXAMINATION, THROUGH ITS SECRETARY BUDHMARG, PATNA, BIHAR 5. THE SECRETARY, BIHAR SCHOOL EXAMINATION BOARD BUDHMARG, PATNA, BIHAR ----------- 4/ 21/09/2010 Heard learned counsel for the petitioner and learned counsel for the State. The claim in this application is to accept the O.M.R. forms of 101 regular students of the petitioner institution. Learned counsel for the petitioner submits that the petitioner is a non-aided institution. The Bihar School Examination Board has been permitting its students to appear through a recognized government aided school since 1991-92 up to the year-2008. Learned counsel for the Bihar School Examination Board rightly submits that if an error was committed in the past that may not vest a right in the petitioner to demand its perpetuation. This Court shall be primarily concerned that the fate of the students who may have been - 2 - granted admission by the petitioner based on the approvals granted by the Board by accepting the forms of the students of the petitioner institution, as alleged, over the previous years for a long period of time. The petitioner is directed to appear before the Secretary of the Bihar School Examination Board along with a copy of the present order and documentary evidence in support of the claim that the Board has been permitting its students to appear through a recognized government aided school from 1991-1992 till 2008. If the Secretary of the Board opines that it was being done wrongly and no relief can be granted to the petitioner, the Secretary is directed to simultaneously initiate appropriate civil and/or criminal action against the officials of the Board, whosoever they may be for having granted such permission in the past and accepted the fee and forms from the petitioner in past years. If the Secretary is satisfied that admission was granted in earlier years in accordance with law, he shall proceed to permit the students of the institution to appear in the forthcoming supplementary examination. Let the order be complied with expeditiously in a manner so that the petitioner - 3 - institution is made clear of its stand for its students with regard to supplementary examinations to be held. The writ application stands disposed. KC ( Navin Sinha, J.)