JUDGMENT :

Ashutosh Kumar, J.

1. Heard Mr. Lalit Kishore, learned Senior Advocate assisted by Mr. Satyabir Bharti for the appellants and Mr. P.K. Shahi, learned Senior Advocate assisted by Ms. Shama Sinha for the respondents.

2. All the appeals have been taken up together and are being disposed of by this common judgment.

3. The facts of LPA No. 875 of 2019 (The Bihar School Examination Board vs. Rambalak Prasad Singh Dropadi Devi Madhyamik Uchatar Madhyamik Vidyalaya) arising out of CWJC No. 379 of 2019 has been taken up for illustrative set of facts for deciding these appeals.

4. In all such cases, the Bihar School Examination Board (hereinafter called ‘the Board’) has taken the plea that the affiliation granted to these schools were bad in law since its inception as the affiliation had been granted only by the Chairman of the Board and not by the Board as constituted under the Bihar School Examination Board Act, 1952 (refer to Section 3/Chapter-2). Later, the Board had found that all these schools do not have sufficient infrastructure to qualify for being granted affiliation as provided under Regulation 3 of Bihar School Examination Board (Senior Secondary) Affiliation Regulation, 20