IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.411 of 2010 BABUAJI SINGH, S/o Late Parmeshwar Singh, R/o Village-Gandak Colony, Bagaha, P.S. Bagaha, District-West Champaran. ------------ Respondent/Appellant Versus 1.THE STATE OF BIHAR through Principal Secretary, Human Resources Department, Govt. of Bihar, Patna. 2.Principal Secretary, Human Resources Department, Govt. of Bihar, Patna. 3.Chairman, Bihar School Examination Board, Budh Marg, Patna. 4.Director (Education), Bihar School Examination Board, budh Marg, Patna. ----------Respondent/Respondent. 5.Degree College Bagha, through its Secretary Prabhunath Prasad Gupta, S/o Late Asharfi Sah, R/o Bankatwa, Bagaha, P.S. Bagaha, District- West Champaran. 6.Krishna Kumar Srivastava, S/o Mahamaya Prasad Srivastava, R/o At +P.O. Bargania, P.S. Bargania, District Sitamarhi at Present Principal, Degree College, Bagaha. ----------Petitioners/Respondents. ----------- 2 09-03-2010 In this appeal preferred under Clause 10 of the Letters Patent, the order dated 18.2.2010 passed by the learned Single Judge in C.W.J.C. No.2573 of 2010 is called in question. Only grievance that has been agitated is that the learned Single Judge has directed stay of operation of the impugned order dated 4.2.2010 by which students of 2 Degree College, Bagaha had been permitted to appear in the examination which is scheduled to be held on 16th February, 2010. Having heard learned counsel for the parties it is directed, the students who are studying in Degree College, Bagaha shall be permitted to appear in the ensuing examination which is scheduled to be held on 16th March, 2010. The Bihar School Examination Board shall depute an Officer tomorrow (10.3.2010) who shall verify from the School records about genuineness of the students, percentage of attendance and such other ancillary factors in filling up forms and permit them to appear in the examination. The Superintendent of Police, West Champaran shall provide adequate security in the School so that the Board Officer shall not face any difficulty. The appellant, namely, Babuaji Singh and respondent no.6 Krishna Kumar Srivastava shall not enter into the school premises during inspection. If enquiry is not completed within a day the same shall be carried on the next day. The very purpose of this order is 3 that the students which were sanguine studying in the School shall be permitted to appear in the examination. Keeping in view the direction of the learned Single Judge, we direct that result of the students who would appear in the examination shall not be published without leave of the Court. The learned Single Judge is requested to dispose of the writ petition within one month. We may observe at the cost of repetition that we have requested the learned Single Judge to dispose of the writ petitioner regard being had the lis in question. Appeal stands disposed of. We may hasten to observe that the authorities of the Board shall act with objectivity and if any genuine and sanguine student has been left out, appropriate, adequate, prompt and apposite steps shall be taken so that examining body shall not suffer any kind of agony in future. The Chairman of the Board shall personally look into the matter failing which proceeding of contempt may be initiated against him. Free copy of the order be handed over to Mr. 4 Ritesh Kumar, learned counsel for the State and Mr. Girijesh Kumar, learned counsel for the Bihar School Examination Board in course of the day so that they can make endeavor in the matter. (Dipak Misra, C.J.) Abhay Kumar ( Mihir Kumar Jha, J.)