IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7170 of 2010 1. BISHNU PRASAD, S/O LATE BIGAN PRASAD, R/O VILLAGE- BAURI, P.S.- SANJHAULI, DISTRICT-ROHTAS. Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT , GOVT. OF BIHAR PATNA. 2. DISTRICT MAGISTRATE, ROHTAS AT SASARAM. 3. THE DISTRICT SUPERINTENDENT OF EDUCATION ROHTAS AT SASARAM. 4. THE BLOCK EDUCATION EXTENSION OFFICER SANJHAULI, P.S.- SANJHAULI, ROHTAS. 5. THE PANCHAYAT SECRETARY, GRAM PANCHAYAT KARMAINI, P.S.- SANJHAULI, DISTRICT-ROHTAS. 6. THE PANCHAYAT SEVEK, GRAM PANCHAYAT KARMAINI, P.S.- SANJHAULI,DISTRICT-ROHTAS. 7. THE MUKHIYA OF GRAM PANCHAYAT KARMAINI, P.S.- SANJHAULI, DISTRICT-ROHTAS. 8. THE MEMBER, DISTRICT EDUCATION EMPLOYMENT APPELLATE AUTHORITY, AT SASARAM, ROHTAS. ----------- 2 19.1.2011 Heard learned counsel for the parties. The matter is remitted back to the District Education Employment Appellate Authority, Sasaram to consider the case of the petitioner afresh irrespective of the order dated 23.11.2009 contained in annexure-1 with regard to so called authenticity of the marks which petitioner could not produce due to delay committed by the Bihar School Examination Board. Let the appellate authority decide the matter on merit matter irrespective of technicality. This writ application is disposed of with the above direction. RPS (Ajay Kumar Tripathi,J.)