IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.211 of 2011 In (CIVIL WRIT JURISDICTION CASE 5775/2006) 1. DR.JAKIR HUSSAIN PHYSICAL TEACHERS TRAINING COLLEGE, POJHI PARSA, CHAPRA THROUGH ITS SECRETARY BINOD KUMAR RAY SON OF LATE BANSHI LAL RAY RESIDENT OF VILLAGE KOCHWARA, P.S. DARIYAPUR, SARAN. 2. BINOD KUMAR RAY, SECRETARY OF COLLEGE IN QUESTION, SON OF LATE BANSHI LAL RAY RESIDENT OF VILALGE KOCHWARA, P.S. DARIYAPUR, SARAN. ....Appellants Versus 1. THE STATE OF BIHAR THROUGH ITS SECRETARY-CUM-COMMISSIONER, ART CULTURE AND YOUTH AFFAIRS DEPARTMENT, GOVT. OF BIHAR, PATNA. 2. THE DIRECTOR, ART, CULTURE AND YOUTH AFFAIRS DEPARTMENT, GOVT. OF BIHAR, PATNA. 3. THE BIHAR SCHOOL EXAMINATION BOARD THROUGH ITS SECRETARY, PATNA-17. 4. THE CHAIRMAN, BIHAR SCHOOL EXAMINATION BOARD, PATNA-17. 5. THE SECRETARY, BIHAR SCHOOL EXAMINATION BOARD, PATNA-17. ......Respondents ---------------------------------- 8 14-10-2011 Heard learned counsel for the appellants, learned counsel for the State, learned counsel for the Bihar School Examination Board and learned counsel for the interveners who have filed I.A. no. 6319/2011 claiming to be students of the appellant- institution. So far as interveners are concerned, they are given liberty to pursue their claim, if so advised, through an independent proceeding because they were not party to the writ proceeding. That disposes of I.A. no. 6319/2011. So far as the case of appellant- institution is 2 concerned, we are in agreement with the views of the writ court that it has moved this court belatedly and, in any case, holding of a second or supplementary examination for the candidates who failed to appear or failed to pass concerns only the candidates who have to prove their bonafide and give all the particulars as to when they took the examination and whether there was any legal right in them to claim for holding of a supplementary examination. Learned counsel for the State has annexed as annexure-A, a copy of judgement and order dated 6-7-2011 passed by us in LPA no. 311/2011. A similar issue was involved in that appeal and this court dismissed the same by a reasoned order. Following the aforesaid judgement and, particularly, in view of the fact that there is no violation of any right of the appellant- institution if the Board has not held supplementary examination, this appeal is dismissed. BKS/- (Shiva Kirti Singh, J.) (Shivaji Pandey, J.)