IN THE HIGH COURT OF JUDICATURE AT PATNA LETTERS PATENT APPEAL No.445 of 2011 IN C.W.J.C. No. 2256 of 2011 With I.A. No. 2003 of 2011 ====================================================== 1. The Chairman, Bihar School Examination Board, Budh Marg, Patna. 2. The Secretary, Bihar School Examination Board, Budh Marg, Patna. 3. The Deputy Secretary (College Establishment), Bihar School Examination Board (Higher Secondary), Bihar, Patna. 4. The Director (Education), Bihar School Examination Board (Higher Secondary), Budh Marg, Patna. ………Appellants/Respondents. Versus 1. The State of Bihar ………… Respondent/Respondent. 2. Ram Shrestha Bhagat, S/o Late Ram Bilash Bhagat, R/o Village-Parsa Malind, P.S.-Sonbarsa, District-Sitamarhi, Present working as Principal, M.K. College, Bhutahi, Sitamarhi. …… Respondent/Petitioner. ====================================================== APPEARANCE : For the Appellants : Mr. Lalit Kishore, Sr. Advocate. Mr. Syed Arshad Alam, Advocate. For the State : Mr. Yogendra Pd. Sinha, A.A.G 15 Mr. Arun Kumar, AC to AAG 15. For the College : Mr. Mithlesh Kr. Ravi Mr. Arun Kumar Sinha and Mr. Virendra Kumar Rai, Advocates. ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE And HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 2. 14.03.2011 Feeling aggrieved by the order dated 3rd March 2011 made by the learned single Judge in above C.W.J.C. No. 2256 of 2011, the appellant Bihar School Examination Board (hereinafter referred to as ‘the Board’) has preferred this Appeal under Clause 10 of the Letters Patent. Under the impugned order, pending the writ petition, the learned single Judge has directed the appellant Board to 2 allow 128 students of the respondent no. 2 College to take examination commencing from 8th March 2011. Learned Advocate Mr. Lalit Kishore has appeared for the appellants. He has submitted that the time was too short for issuance of the registration number to 128 students. They have, therefore, been not allowed to take examination commencing from 8th March 2011. He has further submitted that the respondent college gave admission to those 128 students without the sanction for such admission. The said students, therefore, had no right to take examination conducted by the Board. He further states that in the event the respondent college succeeds, the Board shall conduct a special examination for those 128 students. In view of the passage of time and in view of the aforesaid statement made by learned Additional Advocate General Mr. Lalit Kishore, we dispose of this Appeal with a liberty to the appellant Board to challenge the substantive order that may be made by the judgment and order passed by the learned single Judge on available grounds including the grounds taken in the present Appeal. In view of the above order I.A. No. 2003 of 2011 stands disposed of. Sujit (R.M.Doshit, CJ.) (Jyoti Saran,J.)