BIHAR SCHOOL EXAMINATION BOARD Vs. RAJEEV KUMAR

JUDGEMENT

(1.) THIS appeal is directed against the order dated 13.10.2004, passed by the learned Single Judge, whereby he has allowed the writ application filed by the writ petitioner -respondents and directed the Bihar School Examination Board (for short the Board) to take their examination in the concerned subjects on 5.11.2004, on which date the Board has organised examination for different categories of candidates on the ground that such candidates did not receive their Admit Cards as well as on other grounds.

(2.) THE writ petitioner -respondents are admittedly in Government service and are working as untrained Assistant Teachers. The Board fixed a date for conducting Primary Teachers Training Examination and the respondents appeared therein. The Flying Squad visited in the first sitting of the examination on 20.5.2004 at Munger Town High School Centre, where these respondents along with others were appearing in the examination. 18 candidates were found using unfair means and they were referred to the Static Magistrate for taking action. The Flying Squad also found that in the meantime a large number of students came outside and they wanted to release the apprehended candidates and give them freedom to use unfair means. He also found that a large number of students were using unfair means.

(3.) THE writ petitioner -respondents came up before this Court challenging the order of the Board, whereby their examination was cancelled by filing a writ application, out of which this appeal arises and the learned Single Judge, by the impugned order, directed that the writ petitioner -respondent be allowed to appear in the examination, which is to commence from 5.11.2004 for different categories of candidates and, thereafter, disposed of the writ application without deciding the main question for the reason that the parties agree that once the writ petitioners and similarly situated other candidates have been allowed to take examination in the concerned subject, there was nothing left to be decided.