Ravi S.Dhavan and Shashank Kumar Singh JJ.

1. This is not a matter which should have come to the High Court at all. It is basically a public issue which had virtually been resolved by the High Court when it passed an order dated 4 April, 2004 in this very petition.

2. The High Court had left the State Government free to restructure the Board strictly in accordance with law, the Bihar School Examination Board Act, 1952 . Adhocism was continuing and instead of structuring the Board in accordance with Sec. 4 of the Act temporary arrangements were continuing, more than was necessary. In the circumstances, the Court required the State Government to put in an ex-officio representation forthwith and thereafter restructure the Board in accordance with sec. 4(a) and sec. 8.

3. The State Government apparently took the path of least resistance and made the Administrator the Chairman. This continues the issues.

4. In so far as the Court is concerned, the action of the State Government is a mediocrity of the first order. Whether it is disrespect to the orders of the Court or not that is entirely another matter.

5. Nothing stopped the State Government then, nor as of now to make appointm