IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.400 of 2010 Balika High School, Israuli,Marhaura, District –Saran through In-charge Headmaster Sri Awadh Kumar Sinha w/o late Bhupendra Singh r/o village – Bardahiya, P.S. marhaura, District – Saran at Chapra ………. Appellant Versus 1. The State Of Bihar through the Principal Secretary, Human Resources Development Department, Govt. of Bihar, Patna 2. The Bihar School Examination Board, Sinha Library Road, Patna 3. The Secretary, B.S.E.Board, Patna 4. The Director, Secondary Education, Govt. of Bihar, Patna 5. The District Magistrate, Saran at Chapra 6. The District Education Officer, Saran at Chapra ………………….. Respondents ----------- For the Appellant: Mr. Ganesh Prasad Singh, Sr.Advocate For the State : Mr. S.A. Alam, SC IV For the Board: Mr. Amarendra Kumar, Advocate --- 3 15/3/2010 IA. No.2174 of 2010 This is an application for condonation of delay of two days. Having heard Mr. Ganesh Prasad Singh, learned senior counsel for the appellant, Mr. Syed Arshad Alam, learned counsel for the State and Mr. Amarendra Kumar, learned counsel for the Bihar School Examination Board, the delay in filing the appeal stands condoned. 2 Interlocutory application is accordingly allowed. LPA. No.400 of 2010 As we have condoned the delay, we are inclined to take up the appeal for admission. As parties have been represented, no further notice need be issued. On consent of learned counsel for the parties, the matter is finally heard. The grievance that was agitated before the learned Single Judge in CWJC. No. 551 of 2010 was that the students of the appellant’s school, namely, Balika high School, Israuli, Marhaura, District – Saran, should be permitted to appear in the ensuing Matriculation Examination, 2010. The learned Single Judge declined to grant any kind of relief relying on the decision rendered by the Apex Court in Sunil Oraon (minor) through guardian and others Vs. CBSE and others, (2006) 13 SCC 673. It is submitted by Mr. Ganesh Prasad Singh, learned senior counsel for the appellant that the learned Single Judge has failed to appreciate that though the 3 school is not recognized yet there were students, who were private, and they could have been tagged or linked with any recognized school and permitted to appear in the Matriculation examination. Be it noted, the Matriculation Examination, 2010 is over. In view of aforesaid, we are only inclined to observe that if there are private students, who are entitled and eligible to undertake Matriculation examination through a recognized school, the Bihar School Examination Board shall consider their cases and take such appropriate steps, as advised in law. With the aforesaid observation, the letters patent appeal stands disposed of without any order as to costs. Neyaz/ (Dipak Misra, CJ.) (Mihir Kumar Jha, J.)