IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1495 of 2010 1. BINOD KUMAR SINGH S/O LATE MAHENDRA PRASAD SINGH R/O VILL MATAIYA, P.S- TISIAUTA, DISTT- VAISHALI, PRESENTLY POSTED AS HEADMASTER, ADARSH HIGH SCHOOL, HANSI MALAHI, VAISHALI Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVT. OF BIHAR,PATNA 2. THE DIRECTOR, SECONDARY EDUCATION, BIHAR SCHOOL EXAMINATION BOARD, BUDH MARG, PATNA-1 3. THE DISTRICT EDUCATION OFFICER, VAISHALI 4. THE BIHAR SCHOOL EXAMINATION BOARD THROUGH ITS SECRETARY, BUDH MARG, PATNA-1 5. THE HEAD MASTER, JANTA HIGH SCHOOL, PANAPUR BHARMPUR, VAISHALI ----------- For the Petitioner:- Mr. Bindyachal Singh, Adv. For the State:- Mr. Santosh Kr. Singh, S.C. 22 Mr. Shailendra Kumar Singh, Adv. For the Board:- Mr. Lalit Kishore, Sr. Adv. ------------- 4. 8.3.2010 Heard learned counsel for the petitioner for the Bihar School Examination Board and for the intervenor in I.A. No. 1531 of 2010. The petitioner is the headmaster appointed by one managing committee while the intervenor is the headmaster who claims to be appointed by the rival managing committee. The Adarsh High School, Hansi Malahi is stated to have been established as a non aided institution with Government permission in or about 1977. The further claim is that its students have been permitted to appear at the matriculation examination through a Government recognized aided school by what is known as ‘tagging’. In the year, 2009, from the school in question, two sets of students 2 sponsored by the two rival managing committees have been sent up for the matriculation examination conducted through two separate Government recognized aided schools. The controversy now arises to which group of students is the Board required to issue and accept the OMR forms and fees for the matriculation examination. Counsel for the Board relied upon Annexure-E dated 22.1.2010 that the Board was satisfied for issuance of OMR forms and acceptance of the fees and forms with regard to the intervenor. This Court has gone through the enquiry report. In view of the nature of the order to be passed, this Court refrains from making any observations on the enquiry report except to state that it does not appear to be taking into consideration necessary materials with regard to students in question to satisfy itself as to whether they were genuine students of the institution irrespective of the controversy between the two managing committees. Learned counsel for the petitioner and the intervenor do not dispute the correctness of the legal position that private dispute inter-se with regard to the managing committee of the school in question may be amenable for adjudication more particularly to the forum of the Civil Court where oral and documentary evidence can be better seen, but emphasizes the fate of the genuine students of the institution 3 whether they be sponsored by the petitioner or the intervenor. Learned counsel for the Board very fairly submits that the writ application may be disposed off in similar terms as in C.W.J.C. No. 3297 of 2010, when the Board shall appropriately examine matters by properly considering all necessary materials including admission register, fee register, attendance register etc. apart from other materials to satisfy itself of the genuine students of the Adarsh High School, Hansi Malahi entitled to appear at the matriculation examination in accordance with law and to hold a special examination, if circumstances so warrant. Let the same be done by the Board expeditiously, provided the petitioner and the intervenor place their claim before the Bihar School Examination Board within a maximum period of ten days from today, so that the bona fide student who is permitted to appear at a belated examination is not prejudiced in any manner in the event of his success by delayed publication of result and the consequent inability to take admission in any higher course because the time for admission in the higher course may have run out. The writ application stands disposed. P. Kumar (Navin Sinha, J.)