JUDGMENT

Ahsanuddin Amanullah, J. - Heard Mr. Rajendra Narain, learned senior counsel along with Ms. Anju Kumari @ Anju Narain and Mr. Anant Kumar Sinha, learned counsel for the petitioners; Mr. S K Ranjan, learned Assistant Counsel to Government Pleader 17 for the State; Mr. Lalit Kishore, learned Advocate General along with Mr. Gyan Shankar, learned counsel for the Bihar School Examination Board (hereinafter referred to as the Board ); Mr. P K Shahi, learned senior counsel along with Mr. Vipin Kumar, learned counsel for a proposed intervenor; Mr. Shashank Chandra, learned counsel for another proposed intervenor and Mr. Surya Swetabh, learned counsel for one more proposed intervenor.

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

(i) Issuance of an appropriate writ including awrit in the nature of writ of certiorari quashing the respondents letters--(a) letter no. 167 / 2020 dated 11.06.2020 (as contained in Annexure-2) issued by the respondent Examination Controller (Miscellaneous), Bihar School Examination Board (hereinafter referred to in short as the BSEB) by which it has been informed that the BSEB had decided to proceed for RE-EXAMINATION of Secondary Teachers Eligibility Test (hereinafter referred to in short as STET), 2019 through Online method via BELTRON (an organization of the Bihar Government) though the earlier cancelled examination had been conducted through Objective method from multiple-choice answers using OMR answer sheets,and decision after cancellation of the said examination was for RE-EXAMINATION which meant RE-EXAMINATION through the same earlier method.

(b) letter vide memo no. 360 dated 12.06.2020 (as contained in Annexure- 3)issued by the respondent Director, Secondary Education Department, Government of Bihar, by which it has been written that the RE-EXAMINATION through Online method via BELTRON has been approved.

(c) letter no. 259 / 2020 dated 29.08.2020 jointly issued by the respondents Additional Chief Secretary, Education Department,Government of Bihar, and Chairman, BSEB (as contained in Annexure-4) by which after taking the decision of holding RE-EXAMINATION of STET 2019 through Computer Based Test (Online Method),various guidelines / instructions were issued to the authorities mentioned herein.

(ii) Issuance of an appropriate writ including a writ in the nature of writ of mandamus directing/commanding the respondents not to proceed for the preparation / completion of the result of recently held RE-EXAMINATION through Online method held from 09.09.2020 to 21.09.2020 and to restrain the respondents from publishing /announcing the result of the said examination.

(iii) Issuance of any other appropriate writ(s), order(s), direction(s) as may be deemed fit and proper in the facts and circumstances of the case.

3. In terms of earlier orders, counter affidavits and supplementary counter affidavits by the respondents and various rejoinders by the petitioners have been filed. Vide Order dated 26.11.2020, the Court had indicated that the basic issue which required a detailed response, by both the State and the Board was apropos no syllabus having been published prior to examination despite proposal for the same having been forwarded by the Board itself to the State Government, which approved the same.

4. Learned counsel for the petitioners submitted that the Board, after the cancellation of the previous examination i.e., the Secondary Teachers Eligibility Test, 2019 (hereinafter referred to as the 'STET' ) held in January, 2020, had written to the State Government under Letter No. 167 dated 11.06.2020, seeking permission to hold the examination on-line through BELTRON and further, that the choice of questions and preparation of syllabus be done at the level of the State Government. It was submitted that the said proposal was approved by the Government and communicated to the Board under Letter No. 360 dated 12.6.2020 issued by the Director, Secondary Education, Education Department, Govern