IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3328 of 2010 PARASH NATH YADAV Versus THE BIHAR SCHOOL EXAMINATION BOARD, PATNA & ORS. ----------- 02 03.03.2010 Heard learned counsel for the petitioner and learned counsel for the Bihar School Examination Board. Counter affidavit has been filed on behalf of the respondent no. 1 to 3 also. The institution is stated to have been established with Government permission as a non- aided school whose students are permitted to appear through a recognized Government school. Though it applied for permission in respect of 143 students for appearance in the Secondary School Examination, 2010 registration has been issued by the Board for only 85 students belatedly and even in respect of them the fee and forms were not being accepted despite a representation dated 5.2.2010. The counter affidavit states that this representation dated 5.2.2010 has in fact been submitted on 10.2.2010. Learned counsel for the petitioner seeks to dispute the correctness of the date. The writ petition has been filed soon thereafter on 23.2.2010. 2 The application does not appear to raising any questions of law, but pure questions of fact with regard to the bona fide students of the institution in question whether it be 86 or any other number. The Board is required to accept the fees and forms of the 86 students in respect of whom it is alleged to have issued the registration number. Today in C.W.J.C. No. 3297 of 2010 the Board has very fairly stated that it shall grant an opportunity to the institution in question to satisfy itself of the genuine and bona fide students of the institution and shall if necessary hold a separate examination for them if circumstances so warrant. The writ application is disposed off in similar terms as C.W.J.C. No. 3297 of 2010 with regard to those who may be found genuine students of the institution by the Board. The application stands disposed. P.K. (Navin Sinha, J.)