IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13544 of 2009 RAKESH RANJAN SINGH Versus BIHAR SCHOOL EXAM.BOARD & ORS ----------- 2/ 28/10/2009 Heard learned counsel for the petitioner, for the Bihar School Examination Board and for private Respondent no. 3. Counter affidavit has been filed on behalf of private Respondent no. 3. Despite the fact that it is the action of the Respondent-Board in question and that copies of the writ petition was served on them, they seem to be in no urgency to file counter affidavit and today further prayer is made for adjournment. The Court declines such prayer in view of the nature of the order proposed. The controversy in this case relates to the submission of results of Class XI examination to the Board and the consequent requirement for issuance of forms and acceptance of fees for Class XII examination of such students. While the petitioner contends that he is the Principal of the S.S.P.S. Inter College at Shambhuganj, District-Banka, the private Respondent no. 3 contends that the correct name of the College is S.S.P.S. College, Shambhuganj at Banka. The petitioner questions the 2 authority of the Board to authorize Respondent no. 3 to submit such results for issuance of forms and acceptance of fees for Class XII examination on the ground that he is an ousted teacher. Learned counsel for Respondent no. 3 questions the locus of the petitioner in the same capacity. From the records of the present case, it is apparent that both the petitioner and the private Respondent are at loggerheads on what appears to be completely a non-issue to this Court and the creation of the Respondent-Board alone. The short and simple issue is, if the individual student was a genuine eligible student of Class XI of the College in question or not. If he was a genuine student and his class XI results have been submitted to the Board, the Board is now required to act in accordance with law. In that view of the matter, whether the results have been submitted by the petitioner or Respondent no. 3 is hardly relevant at this stage. In this unsavoury controversy created by the parties, obviously the sufferer shall be the genuine student and for whom alone this Court is concerned in exercise of its jurisdiction. This Court directs that the Chairman and the Secretary of the Board shall be duty bound to examine each and every Class XI results submitted either by the 3 petitioner or Respondent no. 3, of students from the Institution in question to satisfy itself, if necessary from the records of the Institution also, whether the student in question was a genuine student or not fully eligible to be permitted to appear at the Class XII examination. Once the Board is satisfied that the student was genuine, the Board shall proceed to accept the results and issue forms and accept the fees prescribed by law irrespective of the question whether the results were submitted by the petitioner or Respondent no. 3. In the unsavoury controversy noticed above, this Court directs that it shall be the responsibility and duty of the Board to issue forms to the concerned student and accept the fees from them. The present order shall have no bearing on the inter se dispute between the petitioner and Respondent no. 3, which may be the subject matter of adjudication in an appropriate case as and when the occasion may arise for a Court of law. The writ application stands disposed. AKS/ ( Navin Sinha, J.)