Patna High Court

Nand Kishor SinghversusThe State of Bihar

Decided: 31 January 2026
Disposal: DISPOSED
Bench: HARISH KUMAR

Holding

The petition is dismissed as infructuous because the order has been cancelled and the petitioner appointed.

Summary

Petitioner Nand Kishor Singh filed a writ petition challenging an order of the Bihar School Examination Board (BSEB). While the case was pending, the BSEB cancelled the impugned order and appointed the petitioner as Doner Chairman of its Governing Body. The petitioner’s counsel argued that the matter had become infructuous. The Court examined whether the petition remained maintainable after the cancellation and appointment. Finding that the relief sought was no longer applicable, the Court held the petition to be infructuous and dismissed it.

Issues considered

Whether a writ petition becomes infructuous when the impugned order is cancelled and the petitioner is appointed to the position sought

Subjects

Writ petition
Infructuous petition
Cancellation of order
Appointment
Education law
Bihar School Examination Board

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                             Civil Writ Jurisdiction Case No.19457 of 2025
                 ======================================================
                 Nand Kishor Singh, son of Ram Darshan Singh, resident of village-
                 Ramchandarpur, P.O. Neknampur, P.S. Paroo, District - Muzaffarpur.

                                                                           ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
           2.    The Additional Chief Secretary, Education Department, Government of
                 Bihar, Patna.
           3.    The Director, Secondary Education, Education Department, Government of
                 Bihar, Patna.
           4.    The Regional Deputy Director of Education, Tirhut Division, Muzaffarpur.
           5.    The District Education Officer, Muzaffarpur, District - Muzaffarpur.
           6.    The District Programme Officer, Secondary Education, Muzaffarpur, District
                 - Muzaffarpur.
           7.    The Bihar School Examination Board, Budha Marg, Patna Through the
                 Secretary.
           8.    The Chairman, The Bihar School Examination Board, Budha Marg, Patna.
           9.    The Secretary, The Bihar School Examination Board, Budha Marg, Patna.
           10. The Director (Academic), The Bihar School Examination Board, Budha
               Marg, Patna.
           11. The Deputy Secretary (College Establishment), The Bihar School
               Examination Board, Budha Marg, Patna.
           12. The Incharge Principal, Nawal Kishore Singh Memorial College,
               Ramchandarpur, P.O. Neknampur, Block Paroo, District - Muzaffarpur.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Vijay Kumar Singh, Adv.
                 For the Respondent/s   :      Mr. Vivek Prasad, GP-7
                                               Mr. Sanjay Kumar, AC to GP-7
                                               Ms. Roona, AC to GP-7
                 For the BSEB           :      Mr. P.K. Shahi, Sr. Adv.
                                               Mr. Girijish Kumar, Adv.
                                               Mr. Akash Anad, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

2   31-01-2026                  Learned Advocate for the respective parties are

                   present.

                                2. At the outset, Mr. Vijay Kumar Singh, learned
            Patna High Court CWJC No.19457 of 2025(2) dt.31-01-2026
                                                       2/2




                      Advocate for the petitioner submits that now the Bihar School

                      Examination Board has cancelled the impugned order and the

                      petitioner has been declared as Doner Chairman of the

                      Governing Body; hence, the matter has become infructuous.

                                  3. In view of the aforesaid facts, the writ petition

                      stands dismissed as having become infructuous.



                                                 (Harish Kumar, J)
shivank/-

U

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