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 Board in exercise of the power conferred under Rule 18 of Chapter V of the Bihar School Examination Boards Regulation, 1964, considered the matter and having found that there was use of unfair means at the said Centre, cancelled the examination of all the candidates of that centre and ordered that they would be allowed to appear in the examination to be conducted in the next session. In the meantime, the Board fixed 5.11.2004 to conduct examination for such categories of students, who could not appear in the earlier examination for the reasons as stated above.

4. 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.

5. Mr. Basant Kumar Choudhary, learned counsel appearing for the Board, submitted that the Board is a statutory body entrusted to conduct free and fair examination and to maintain purity and sanctity of the examination is the function of the Board and for that reason power is vested in the Board to cancel the examination under Rule 18 of Chapter V of the said Regulation in case of use of unfair means and other grounds and once the Board having found that unfair means was used in the examination, cancelled the examination and a decision was taken to permit the writ petitioner-respondents and other similarly situated persons to appear in the examination to be conducted in the next session, this Court in exercise of the writ jurisdiction cannot issue a direction to hold examination before the expiry of the said session.

6. Mr. Ganesh Prasad Singh, learned senior counsel appearing for the writ petitioner-respondents, on the other hand, fairly submitted that the Board has power to cancel the examination in case the requirements as provided under Rule 18 of Chapter V of the said Regulation are fulfilled, but the Board cannot act arbitrarily and it has to base its decision on certain materials. The report of the Flying Squad does not show that all the students were found to have been indulged in using unfair means, on the other hand, the finding that large scale unfair means was adopted in the