JUDGMENT :

Ashutosh Kumar, J.

Heard Mr. Satyabir Bharti, learned Advocate for the appellant the Bihar School Examination Board and Mr. Sunil Singh for the respondent Jagdhar Ray Uchchtar Madhyamik Vidyalaya. The State is represented by Mr. Priyadarshi Matri Sharan.

2. A direction had been sought by the aforesaid school, namely, Jagdhar Ray Uchchtar Madhyamik Vidyalaya (hereinafter called the school) in the district of Vaishali to the Bihar School Examination Board to grant affiliation in its favour for Intermediate Science, Intermediate Arts and Intermediate Commerce courses from academic session 2017-19.

3. The learned Single Judge by his Judgment dated 19.09.2018, after examining the entire scheme of the Bihar School Examination Board Act, 1952 and the Bihar School Examination Board (Senior Secondary) Affiliation Regulation, 2011, found that once the affiliation committee of the Board recommends for grant of affiliation, the Board has no option in the matter and has to pass an order on the basis of such recommendation of the committee of affiliation.

4. In the case of the respondent-school, there appears to be a favourable report of the affiliation committee for grant of affiliation b