IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3297 of 2010 1. SRI BISHUNDEO KAPARI HIGH SCHOOL, KHAJURI, P.O.- CHHATAR, P.S. SHAMBHUGANJ, DISTT.- BANKA, THROUGH ITS SECRETARY SANTOSH KUMAR YADAV S/O SRI BISHUNDEO YADAV R/O VILL.- KHAJURI, P.O.- CHHATAR, P.S. SHAMBHUGANJ, DISTT.- BANKA Versus 1. THE STATE OF BIHAR 2. REGIONAL DEPUTY DIRECTOR BHAGALPUR REGION, BHAGALPUR, BIHAR 3. DISTRICT EDUCATION OFFICER BANKA, DISTT.- BANKA 4. BIHAR SCHOOL EXAMINATION BOARD THROUGH ITS SECRETARY BUDHMARG, PATNA, BIHAR 5. THE SECRETARY BIHAR SCHOOL EXAMINATION BOARD, BUDHMARG, PATNA, BIHAR ----------- 2. 3.3.2010 Heard learned counsel for the petitioner and learned counsel for the Bihar School Examination Board. Counter affidavit has been filed on behalf of the Board. Earlier in C.W.J.C. No. 14268 of 2009, the Court had directed the respondent Board to consider grant of OMR forms to students of the petitioner’s non- aided institution in context of its demand for 600 students. The counter affidavit of the respondents states that OMR forms have been issued in respect of 602 students. It is only the genuine students of the petitioner’s institution who however can be permitted to appear at the examination and that they were genuine 2 registered students of the petitioner’s institution is a matter for satisfaction of the Board itself from the records of the institution concerned. Reliance is placed on an enquiry report dated 3.2.2010 at Annexure-E to the counter affidavit which states that several of these 602 students do not find place in the admission register of the petitioner’s institution. Without such registration as genuine students, they have been sent up for appearing at the final matriculation examination. The Board, therefore, retains the right to grant permission to only such of these 602 students who are the original and genuine students of the petitioner’s school. Counsel for the petitioner submits that in view of this question of fact sought to be raised on behalf of the Board, at least about those whom the Board is satisfied, that they are genuine students, should be permitted to appear at the ensuing matriculation examination and enquiry may be held with regard to the rest. The writ petition appears to be raising no question of law presently, but only questions of facts. It appears to be a disputed fact whether a student was a genuine and bona fide student of the petitioner’s institution or not. No fault can be found on the objection on behalf of the Board at this stage. 3 Let the Board issue the admit card for such students of the petitioner’s institution who are beyond any controversy to the satisfaction of the Board so that they may appear in the ensuing matriculation examination. In so far as those students about whom the Board is not satisfied, it may fix a date for representative hearing to be granted to the petitioner’s institution in respect of such students. The Board is then required to pass an order disclosing its satisfaction by a reasoned order if it be of the opinion that such students do not have a claim to appear as the students of the petitioner’s institution. Learned counsel for the Board very fairly submits that if after such hearing any bona fide students are found to have been left out, the Board shall make necessary arrangements for holding of a separate examination for them, if circumstances so warrant. The application stands disposed in the aforesaid terms. P. Kumar (Navin Sinha, J.)