IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.686 of 2006 1. THE STATE OF BIHAR 2. District Magistrate, Nalanda at Biharsharif ……Respondents- Appellants Versus 1. DR.ASHOK KUMAR, son of Late Karam Chand Mahto, resident of Mohalla Sohdih, Police Station Sahasarai, District – Nalanda at present posted as Principal, Kuswaha Somari, Triloki College, Salempur, District Nalanda….. Petitioner/Respondent 2. Bihar School Examination Board through its Secretary, Frazer Road, Patna …Respondents ----------- 07- 30.6.2010 Heard Mr. Nawal Kishore Singh, learned Standing Counsel no.VI for the appellants, Mr. Pramod Kumar for respondent no.1, and Mr. Sunil Kumar Mandal for respondent no.2. This appeal under clause 10 of the Letters Patent of the High Court of Judicature of Patna, raises a grievance with respect to the order dated 29.8.2006, passed by a learned single Judge of this Court in CWJC No.4041 of 2006 (Dr. Ashok Kumar v State of Bihar & Ors.), whereby the writ petition was allowed, the impugned order passed by the District Magistrate, Nalanda, black-listing the college in question for holding examinations in future, has been set aside, and cost has been imposed upon the District Magistrate. 2. We have perused the materials on record and considered the submissions of learned counsel for the parties. Respondent no.1 herein is the Principal of Kuswaha Somari, Triloki College, Salempur, Distt. Nalanda. At the behest of the District Magistrate, he had allowed use of the college building 2 and the premises to hold certain examination. Large scale irregularities is said to have taken place in the college which led to cancellation of the examination as a whole, followed by the impugned order of the District Magistrate, whereby the college has been black-listed to hold such examinations in future. Respondent no.1 herein is the Principal of the college and challenged the order of the District Magistrate by preferring CWJC No.4041 of 2006, which has been allowed by the learned writ court, the order of the District Magistrate has been set aside and cost has been imposed upon him for taking arbitrary decision. 3. The materials on record including the order of the learned single Judge creates an impression in our mind that the examination was conducted under the supervision of the Invigilators as well as the Superintendent appointed by the District Magistrate. The writ petitioner had only given the college premises including the building. The learned single Judge has also noted that the District Magistrate failed to satisfy the Court that the college and its functionaries were responsible for the irregularities. The college had only permitted use of its building and the premises. In that view of the matter, we agree with the learned single Judge that the District Magistrate passed an arbitrary order needlessly black-listing the college and defaming its Principal. 3 4. We do not find any merit in this appeal. It is accordingly dismissed. ( S K Katriar ) ( Birendra Prasad Verma ) mrl