Heard learned counsel for the petitioners and Mr. Lalit Kishore, learned PAAG-1, both for the State and the Bihar School Examination Board (hereinafter referred to as the ‘Board’).

2. The petitioners have moved the Court for the following reliefs :

“1. That the present petition is being preferred assailing validity and correctness of order under memo no. 462 Patna dated 08.06.2016 permitting the private respondent Sri Anand Kishore, Divisional Commissioner, Patna to function and discharge the duty as a Chairman of Bihar School Examination Board, Patna till further order ignoring/violating the provisions/section-4(B) of the Bihar School Examination Board, Act-1952 which deals the said issue related to filling vacancy in the office of the Chairman and for other necessary relief/reliefs to the basis of facts and circumstances of case enumerated and stated hereinafter.”

3. Basically, the contention is that the respondent no. 6 has been made the Chairman of the Board in violation of the statutory provisions specifically Sections 4A and 4B of the Bihar School Examination Board Act, 1952 (hereinafter referred to as the ‘Act’).

4. Learned counsel for the petitioners submitted that in