AMARESHWAR SAHAY, J. - (1.) HEARD the parties.
(2.) BY order dated 27.2.2003 passed in W.P. (C) No. 344 of 2003 filed by the petitioner, this Court directed the Secretary of Bihar School Examination Board to consider the claim of the petitioner and to pass an appropriate order. By the said order, the petitioner was asked to represent before the Secretary, Bihar School Examination Board, pursuant thereto by Annexure -9, the petitioner sent his application by registered post to the Secretary, Bihar School Examination Board. It appears that on 12.5.2003, the Secretary, Bihar School Examination Board sent a letter to the petitioner asking him to submit certain documents within ten days but in fact the said letter was sent on 20th of May, 2003 which was received by the petitioner on 27.5.2003 but as it appears from Annexure - 10, the order passed by the Secretary, Bihar School Examination Board that without waiting for the reply of the petitioner pursuant to his letter dated 12.5.2003, the Secretary has already passed the order rejecting the representation of the petitioner. In view of the facts as stated above, I find that the order of this Court dated 27.2.2003 passed in W.P. (C) No. 344 of 2003 has not been passed in its right perspective, considering the case of the petitioner. Accordingly, the order dated 26.5.2003 as contained in Annexure -10 passed by the Secretary, Bihar School Examination Board, Patna is hereby quashed and the matter is remitted back to respondent No. 1 to pass a fresh order in accordance with law after considering the reply of the petitioner within a period of four weeks from the date of receipt/production of copy of this order. With the above observation and direction this application stands disposed of. ;