IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16610 of 2008 KANAK PRAKASHAN through its proprietor Manoj Kumar son of Sri Uma Prasad, resident of “Raghuvansham”, Opp. Rd.No.5, Poonaichak,Patna-23, P.S. Shastri Nagasr. Versus 1. BIHAR SCHOOL EXAM.BOARD (Sr.Secondary) through its Chairman Budh Marg, P.S.Kotwali,Patna-1. 2. The Chairman, Bihar School Examination Board(Sr.Secondary), Budh Marg,P.S.Kotwali,Patna-1. 3. The Secretary,Bihar School Examination Board (Sr.Secondary), Budh Marg,P.S.Kotwali,Patna-1. 4.The Director (Academic), Bihar School Examination Board (Sr.Secondary), Budh Marg, P.S.Kotwali,Patna-1. 5. Sri Raghuvansh Kumar son of not known to the petitioner at present posted as The Director (Academics), Bihar School Examination Board (Sr.Secondary),Budh Marg, P.S.Kotwali,Patna-1. ----------- For the Petitioner : Mr. D.K.Sinha,Sr.Adv. and M/s Abhinay Raj and Ajay Kr.Pandey For the Board : Mr. P.K.Shahi,Advocate General,Bihar,Patna. Mr. Grijesh Kumar 2 28.11.2008 Petitioner had applied and was awarded the right to publish and print Model Sample Question Paper and Key answer of the Bihar School Examination Board (Sr. Secondary), which was earlier Intermediate Council. Petitioner objects to a fresh tender that has been issued and submits that effectively petitioner’s arrangement is being disturbed if not cancelled. Learned Advocate General appearing for the respondent- Board submits that the petitioner has no exclusive right to print and publish such books under the aegis of the Board. In my view, that question is not necessary to be gone into because of the fair stand taken by the learned Advocate General that the petitioner is not being disturbed in any manner He is free to publish Model Question Paper under the aegis of the Board and any format requirement of the petitioner would be complied with by the Board immediately. Board always reserves the right to demand account for - 2 - royalty that is due to it for permitting the petitioner to use Board’s authority for the purpose of selling the said books. In my view, in view of the fair stand taken, as noted above, nothing remains for this Court to do any further. The grievance of the petitioner stands virtually vindicated and the apprehension that may be restrained and the work allotted to them stands removed. The writ petition thus disposed of. Singh (Navaniti Pd. Singh)