The decisions to cancel affiliations of the schools/colleges were not taken by the Board, and the matters relating to cancellation of affiliation were never placed before the Committee of Affiliation, constituted under Section 10B of the Act. The Board overlooked the proviso to sub-Regulation (3) and sub-Regulation (4) of Regulation 3 of the Regulations. The Board does not have the power to suspend, with immediate effect, affiliation of a school, and the said power cannot be said to be inherent in the Board.

Chakradhari Sharan Singh, J.

Since this batch of writ applications, filed under Article 226 of the Constitution of India, involve common legal issues for judicial determination and grounds of attack against the impugned action of the Bihar School Examination Board (hereinafter referred to as the Board) are almost identical, the matters have been heard together with the consent of the parties and are being disposed of by present common judgment and order.

2. Certain Schools, privately managed, were granted affiliation by the Board for preparing the students for Secondary (Class 10) and Senior Secondary Schools (Class 12) Certificate Examination of the Board. The Schools, which impart education for preparing students up to Class 10, are known as "Secondary Schools" and those imparting education up to Class 12 are known as "Senior Secondary Schools", within the meaning of Bihar School Examination Board (Senior Secondary) Affiliations Regulations, 2013 (hereinafter referred to as the Regulations).

3. These applications have been filed either by such Senior Secondary/Secondary Schools or the Trusts managing the said Schools. They are aggrieved by respective orders passed by the Board in purported exercise of the power of withdrawal of affiliation under Regulation 15 of the Regulations, whereby their affiliations have been withdrawn/cancelled.

4. Heard Mr. Abhay Kumar Singh, learned Senior Counsel for the petitioners ably assisted by Mr. Shri Prakash Srivastava. Ms. Shama Sinha has appeared in many of the cases representing the petitioner and has advanced her submissions. Learned Counsel for Petitioners, in other cases, have extended their valuable assistance. State Counsel representing the State of Bihar have also been heard. Mr. Lalit Kishore, learned Senior Counsel, has appeared on behalf of the Board assisted by Mr. Satyabir Bharti, Mr. Gyan Shankar and Mrs Vinita Singh. I might have missed to mention the names of other learned counsel who extended their valuable assistance at the hearing; I acknowledge the quality of assistance extended by all of them.

5. A preliminary objection over maintainability of the writ applications on the ground of availability of alternative remedy of appeal before the State Government has been taken on behalf of the Board with reference to sub-Section (4) of Section 10B of the Bihar School Examination Board Act, 1952 (hereinafter referred to as the 'Act'), which in Court's view is wholly misplaced and not at all tenable. Since, I will be dealing with Sections 10B and 10C of the Act to address one of the core issues involved in the present batch of cases, the said provisions are being reproduced herein below:-

"10B. Committee of Affiliation.-

(1) A Committee of Affiliation shall be constituted by the Board for granting and withdrawing affiliation of Secondary and Senior Secondary Schools established by nongovernmental organizations.

(2) The Committee of Affiliation shall consist of the following:

(i) Chairman of the Board;

(ii) A person to be nominated by the Board.

(3) The Chairman of the Board shall function as the Chairman of the Committee, and the Secretary of the Board shall function as Secretary of the Affiliation Committee.

(4) Any person dissatisfied with decision of the committee constituted under Section 10B may prefer an appeal within 30 (thirty) days of the communication of the decision before Principal Secretary, Human Resource Development Department, Government of Bihar, who shall be the appellate Authority and his decision shall be final.

(Emphasis mine)

10C. Power to Grant and Withdraw Affiliation.- The Board shall have power to grant and withdraw affiliation of Secondary and Senior Secondary Schools established or to be established by the non-governmental organizations on the basis of recommendation of Committee of Affiliation, constituted under Section 10B above and it shall have power to make regulations in this regard with the approval of the State Government:

Provided that the Institut