IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.9032 of 1998 ====================================================== 1. Bihar School Examination Board, Sinha Library Road, Patna through its Secretary. 2. The Chairman, Bihar School Examination Board, Sinha Library Road, Patna. 3. The Secretary, Bihar School Examination Board, Sinha Library Road, Patna. .... .... Petitioner/s Versus 1. The Union of India through the Secretary and Law and Justice, Government of India, New Delhi. 2. National Consumer Disputes Redressal Commission, Janpath Bhawan, Cannaught Place, New Delhi 110001 through its president. 3. State Commissioner, Bihar constituted under the Consumer Protection Act 1986 North Shrikrishnapuri, Patna 1 through its President. 4. The District Forum, Muzaffarpur, At, P.O. and P.S. Muzaffarpur District Muzaffarpur, constituted under the Consumer Protection Act 1986 through its President. 5. Kailash Prasad Chaudhary son of Late Panchu Chaudhary, resident of village Chandaward Panikal, Chauk, Ward No. 12, Muzaffarpur. .... .... Respondent/s ====================================================== Appearance : For the Appellants (BSEB) : Mr. Lalit Kishore, Sr. Advocate For the Respondent/s : ---- ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 3 20-09-2011 This petition under Article 226 of the Constitution is filed by the Bihar School Examination Board to challenge the constitutional validity of the notice dated 12th December 1997 Patna High Court CWJC No.9032 of 1998 (3) dt.20-09-2011 2 issued by the District Consumer Forum, Muzaffarpur in Case No. 832 of 1997 and for a declaration that the Consumer Protection Act, 1986 does not extend to the Bihar School Examination Board. As the petition is filed against the notice and in view of passage of time, without prejudice to the rights and contentions raised in the present petition, we hold that the cause of action does not survive. Petition is accordingly disposed of. Prakash (R.M. Doshit, CJ) (Birendra Prasad Verma, J)