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Patna High CourtCWJC/9739/2019disposed

Rajeshwar Prasad Roy, v. Bihar School Examination Board Patna, Through Its Chairman

2023-08-17Mr. Justice Rajeev Ranjan Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9739 of 2019 ====================================================== Rajeshwar Prasad Roy, S/o Late Harinarayan Prasad Roy, R/o MohallaUnderkila, P.S.- Hajipur, District- Vaishali, President Harinarayan Rajeshwar Vidya Vihar Uchch Madhyamik Vidyalaya, Bingama, P.O. Jalalpur, DistrictSamastipur. ... ... Petitioner

Versus

1.

Bihar School Examination Board Patna, through its Chairman through its Chairman.

2.

Chairman, Bihar School Examination Board, Patna. 3.

Secretary, Bihar School Examination Board, Patna. ... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr. Naresh Chandra Verma, Advocate Mr. Lakshmi Kant Tiwary, Advocate For the Board :

Mr. Gyan Shankar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 17-08-2023 In the present writ application, a prayer has been made to direct the respondent Bihar School Examination Board (in short 'Board') to grant affiliation to the school in question after considering inquiry report.

2. Learned counsel for the Board submits that the respondent Board has, after consideration of the application for affiliation of the petitioner's school has already rejected the same on the ground that the school in question does not fulfill physical infrastructure criteria provided under Regulation 3(e) of Chapter II of the Bihar School Examination Board Affiliation Regulation, 2011 (as amended up-to-date).

3. The said decision of the Board has been brought on

Patna High Court CWJC No.9739 of 2019(3) dt.17-08-2023 2/2 record as Annexure 'A' to the counter affidavit. Annexure 'A' has come into existence after filing of this writ application but despite knowledge of the same, the petitioner has not challenged the same.

4. In the given circumstances, this Court finds that this writ application has become infructuous. It is being disposed of accordingly with liberty to the petitioner to seek his remedy, if so advised, in respect of Annexure 'A' to the counter affidavit.

(Rajeev Ranjan Prasad, J) SUSHMA2/- U