IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4401 of 2011 1. GOVERNING BODY OF AJEET KUMAR SINGH COLLEGE PURAINA, PALTU HATTA THROUGH ITS PRESIDENT BACHHA SINGH, PO- & PS. PALTY HATTA, DISTT- SIWAN 2. BACHHA SINGH S/O LATE BAGESHWARI SINGH, R/O VILL. PALTU HATTA, PO & PS- PALTU HATTA, DISTT- SIWAN ----------------------------PETITIONERS Versus 1. THE STATE OF BIHAR 2. PRINCIPAL SECY. HUMAN RESORUCES & DEVELOPMENT DEPTT. GOVT. OF BIHAR, NEW SECRETARIAT, PATNA 3. DIRECTOR, SECONDARY EDUCATION, NEW SECRETARIAT, GOVT. OF BIHAR, PATNA 4. BIHAR SCHOOL EXAMINATION BOARD BUDH MARG, PS-KOTWALI DISTT-PATNA THROUGH ITS SECRETARY 5. CHAIRMAN, BIHAR SCHOOL EXAMINATION BOARD, MUDH MARG, PS-KOTWALI DISTT- PATNA 6. SECY. BSEB, BUDH MARG,PS-KOTWALI, DISTT- PATNA 7. DEPUTY SECY. BSEB, BUDH MARG,PS-KOTWALI DISTT- PATNA------------------------RESPONDENTS ----------- For the Petitioners: Mr. Yugal Kishore, Sr. Advocate For the State: Mr. S.K.Singh, AC to S.C.-23. ------------- 2 20.7.2011 Submission of learned Senior counsel for the petitioners with regard to legality of annexure-1 is that after abolition of Bihar Intermediate Education Council Act, 1992, the Bihar School Examination Board has no authority to regulate or constitute ad-hoc committee for such recognised intermediate colleges. In support thereof he has annexed so called opinion of earlier Advocate General. Since there cannot be a dispute in the proposition as such, the order contained in annexure-1 to that extent is required to be interfered with in absence of any rule in existence when the impugned order dated 12.3.2010 was passed. The Court is informed that a new rule has now been notified recently in July, 2011 and may be now the Bihar School Examination Board acquires certain powers. - 2 - If that be the position annexure-1 is quashed. This writ application is allowed. Let a decision be taken by the respondent Bihar School Examination Board in accordance with the law/rule in existence. RPS (Ajay Kumar Tripathi,J.)