Oral Order Heard counsel for the parties as with regard to the following prayer of the petitioner:- "(A) To issue a writ in the nature of certiorari setting aside the Secondary/Senior Secondary Teachers Eligibility test (BSITET), 2011 held on 17.2.2012 as well as publication of result dated 14.6.2012 Of Saharsa District conducted by respondent no. 3, Bihar School Examination Board, Patna. (B) To issue a writ in the nature of Mandamus commanding and directing the respondent no. 2 namely, Principal Secretary, Department of Human Resources Department, Govt. of Bihar, Patna to take decision on the report/letter contained in memo no. 47/confidential dated 18.2.2012 sent by respondent no. 6, District Magistrate, Saharsa." 2. As would be apparent from the aforementioned prayer, the petitioner has assailed the result of Bihar Secondary/ Senior Secondary Teachers Eligibility Test (BSITET-2011) in respect of Saharsa district on the ground that the Collector of Saharsa vide letter no. 47/Confidential dated 18.2.2012 had submitted a report that the question paper of the said eligibility test held on 17.2.2012 had already been leaked prior to the commencement of the examination. 3. 47/Confidential dated 18.2.2012 had submitted a report that the question paper of the said eligibility test held on 17.2.2012 had already been leaked prior to the commencement of the examination. 3. In this regard Sri Amrit Abhijit learned Counsel for the petitioner had placed reliance on the report of the Collector of Saharsa district dated 18.2.2012 which reads as follows:- ^^lekgj.kky; ftyk xksiuh; ‘kk[kk ia=kd 47 le=@xksŒ izs”kd] ftykf/kdkjh] lgjlkA lsok es] Jh vatuh dqekj flag] Ikz/kku lfpo] f’k{kk foHkkx] fcgkj] iVukA lgjlk] fnukad 18 Qjojh] 2012 fo”k; % f’k{kd ik=rk ijh{kk] 2011 dk iz’u i= yhd gksus ds lac/k esA egk’k;] mi;qZDr fo”k; ds lac/k es lwfpr djuk gS fd fnukad 17 Qjojh] 2012 dks iwoZ fu/kkZfjr dk;Zdze ds vuqlkj fcgkj ek/;fed@mPp ek/;fed f’k{kd ik=rk ijh{kk] 2011 ftyk ds 14 dsUnkzs ij iwokZg~u 10-30 cts ls 12-00 cts rd dnkpkj jfgr ,oa ‘kkafriw.kZ :i ls lEiUu gqbZA fofHkUu nSfud lekpkj i=ks ds LFkkuh; laoknnkrkvks ds rFkk mi;qZDr ijh{kk ls lacf/kr iz’u i= yhd gksus dh lwpuk nh xbZA lwpuk ds vk/kkj ij vuqeMay inkf/kdkjh] lnj] lgjlk ,oa vuqeMay iqfyl inkf/kdkjh] lgjlk dks la;qDr #i ls tk¡p djus dk vkns’k fn;k x;kA mDr nksuks inkf/kdkjh ds }kjk izfrosfnr fd;k x;k gS fd 17-2-2012 dks 10-12 cts laoknnkrkvks ds }kjk bfrgkl] jktuhfr’kkL=] fgUnh] vaxzsth] foKku ds iz’u i= ftles bfrgkl dk Nik gqvk iz’u i= vkSj mRrj lfgr iz’u ;g dgrs gq, miYkC/k djkus dk i= yhd gqvk gSA miyC/k djk;s x;s iz’u i=ks ds LFkyh; tk¡p jktsUn~ feJ egkfo|ky; ijh{kk dsUnz ij igq¡pdj izkpk;Z ds mifLFkfr es dh xbZA tk¡pksijkUr bfrgkl dk iz’u i= dzekad 51@2001 ls 100@150 rd] jktuhfrd ‘kkL= dk iz’u i= dzekad 51@101 ls 150 rd] fgUnh 1030001 ds [kaM 2 ds lHkh iz’u i= rFkk thofoKku iz’u i= dzekad 1531188 ds lHkh iz’u i= gwcgw fcgkj fo|ky; ijh{kk lfefr] iVuk ls miyC/k djk;h xbZ ewy iz’u i= ls feyrk tqyrk ik;k x;h ¼Nk;kizfr lyaXu½A lyaXu la;qDr tk¡p izfrosnu ls Li”V gksrk gS fd mDr fo”k;ks dk iz’u i= LFkkuh; #i ls yhd ugh gqvk gS ijUrq lR; gS fd ijh{kk izkjaHk gksus ls iwoZ gh iz’u i= yhd gks x;k FkkA ftldk vuqfpr bLrseky ijh{kkfFk;ksZ ds }kjk vo’; fd;k x;k gksxkA mDr frfFk ds f}rh; ikyh ,oa 18-2-2012 dks nksuks ikfy;ks es yh xbZ f’k{kd ik=rk ijh{kk] 2011 dh fo’ks”k ijh{kk dnkpkj eqDr lEiUu gqvkA vr,o] tk¡p izfrosnu ds vkyksd es fnukad 17-2-2012 dks izFke ikyh dh yh xbZ fcgkj ek/;fed f’k{kd ik=rk ijh{kk] 2011 dks jn~n~ djrs gq, mi;qZDr dsUnzks ij iqu% u;s fljs ls ijh{kk vk;ksftr djus dh d`ik dh tk;A fo’oklHkktu gŒ@& vLi”V ftykf/kdkjh] lgjlkA^^ 4. He had also submitted that similar report of leak of question papers of the District Magistrates of Saran, Munger, Supaul and Nalanda had led to cancellation of the examination of all the centres in those districts and therefore no different view could be taken by the Respondents in respect of examination held in Saharsa district. In this regard reliance was placed by him on a judgment of Apex Court in the case of Chairman, All India Railway Recruitment Board vs. K. Shyam Kumar reported in 2010 AIR SCW. 4240. 5. This Court having heard learned counsel for the parties as also examined the pleadings on record by its order dated 8.1.2013 had directed the Principal Secretary of Education Department and the Chairman of the Bihar School Examination Board to explain as to why the entire result of the BSITET-2011 held on 17.2.2012 should not be cancelled, inasmuch as, there were reports of different District Magistrates including that of Saharsa and Supaul that the question papers of eligibility test had leaked and were available in the local market prior to the commencement of the examination. 6. Pursuant to the aforesaid order dated 8.1.2013 both the Principal Secretary of Education Department and the Chairman of the Bihar School Examination Board had appeared on 11.1.2013 and had prayed for two weeks time to file the detailed counter affidavit. Such counter affidavit was subsequently filed, wherein, it was explained that the aforesaid report contained in letter no. 47/confidential dated 18.2.2012 ,of the District Magistrate, Saharsa was not available to the respondent-Board and therefore, no action could be taken. A justification was also given that actually no prejudice has been caused to the petitioner belonging to the backward category because he had secured 41.33% marks in Paper-I and only 10% marks in Paper-II whereas the cut-off for the backward class ,candidate was 55%. 7. This Court, however, was not specified with the said explanation specially when the copy of the FIR of the Supaul P.S. Case No. 79 of 2012 was produced by the petitioner which went to show that the question paper of the aforesaid test examination had been recovered from the house of four of the accused. 7. This Court, however, was not specified with the said explanation specially when the copy of the FIR of the Supaul P.S. Case No. 79 of 2012 was produced by the petitioner which went to show that the question paper of the aforesaid test examination had been recovered from the house of four of the accused. Saharsa being adjacent district of Supaul, the possibility of the question paper being also leaked in Saharsa was therefore, also could not have been ruled out and therefore, the report of the District Magistrate of Saharsa district addressed to the Principal Secretary of the Education Department dated 18.2.2012 could not have been ignored. This Court, accordingly, had passed. the detailed order on 26.2.2013 which for the sake of clarity is quoted hereinbelow:- "Having heard learned counsel for the parties, this Court is literally amazed by the manner in which the Secondary/ Senior Secondary Teachers Eligibility Test (BSITET), 2011 has been conducted. It is now on record that in 20 districts, apart from the district of Saharsa, question papers had leaked before commencement of the test. As a matter of fact, from Annexure-A to the counter affidavit it is also clear that upon receiving information of leaking of the question paper, the examination of particular centres in those 20 districts were cancelled and thereafter a re-examination of those centres were held. The case of the petitioner, in fact, is that similar re-test should have also been held at Saharsa in respect of which there was a clear report of the Collector of Saharsa that question papers had also leaked there at 10.12 a.m. before commencement of the examination at 10.30 a.m. In view of the above, there are two important questions amongst several others which are to be essentially answered by the Respondent-Board and the concerned authorities of Education Department that when there was authentic report received from the Collectors of 20 districts of Bihar, why particular centres only were selected for re-examination in those districts? Leaking of question paper prior to commencement of examination in the district headquarters where all the centres for examination were to be held cannot be compared and equated with the use of unfair means in course of examination at a particular centre of examination and it cannot be said with certainty that a leaked question would remain confined only to the precincts of the particular centre. In the age of use electronic media where a document can travel at the greater speed even more than light through e-mail, fax and similar modes it would be wholly unthinkable to conceive that a leaked question paper would remain confined to precincts of the particular centre only. In that view of the matter, the respondents firstly must explain with the help of authentic documents including the reports of District Collectors of all those twenty districts where examinations were cancelled and re-test held as to why a decision with regard to those districts where there was authentic report of leaking of the question paper prior to commencement of examination was confined in respect of holding the re-test to particular centre(s)? In addition to it, the respondents must also explain as to how the question paper had leaked in 20 out of 38 districts of this State and what action was taken by the Government against the erring officials responsible for holding the test and whether such large scale bungling having clear evidence of criminal misconduct was made subject of investigation by police, if yes with what result and if not, why? Leaking of question at a particular centre at a particular district can be a human error but if it is found that such question papers had leaked all over State, at least in 20 districts of which there were also reports by the respective Collectors, it has to be prima facie held to be an organized crime was committed with a view to favour certain set of candidates. This however, cannot be the way of holding open competitive test for recruitment of teachers even if, such tests are only qualifying test. In view of the above, this Court would adjourn the case for a period of one week in order to enable the learned AAG-I to file a compact counter affidavit giving full details including the following:- "(1) The entire manner including the power and authority vested in the different authority at the level of the Government Board and the district for conducting the test right from issuance of the advertisement, setting of question paper its preservation till dispatch to the respective districts and its timing of distributions at the centres of the district. (2) The manner in which Agency and authority was selected for setting question papers and also the manner in which the question papers were dispatched in the different districts and the reason for such leak. (3) The nature of reports of the District Collectors and/or Incharge of the test at district level as with regard to the test held including there twenty districts where on account of leak of question scheduled examination were cancelled and re-test were held. (4) Total number of candidates who had appeared in the examination/test both centre-wise and district-wise and numbers of successful candidates amongst them all over Bihar. (5) The action taken by the Respondents officials of the Government and the Board on receipt of leak of question papers. Such affidavit must be sworn personally by the Principal Secretary of Human Resources Department, Government of Bihar, Patna with connected documents including the relevant reports of the district officials/centre superintendents as with regard to the fairness in examination held. This Court having heard learned counsel for the parties in the matter of interim relief would for the time being not interfere with the on going counselling of the candidates on the basis of impugned test and its result but it is made clear that such counselling will not clothe anyone, neither the candidates nor the Government, as with regard to the ultimate appointment and thus while the counselling as scheduled may continue but no appointment letter to anyone shall be issued to anyone on the basis of such counselling till final disposal of this writ application. List this case on 7.3.2013 at 2.15 P.M. at the top under "Admission-II". 8. Purusuant to the aforementioned order the Principal Secretary had filed his affidavit dated 7.3.2013, wherein, he had stated as follows:- "That it is stated that on 26.4.2011 a meeting was' held under the Chairmanship of Minister of Education Department, Government of Bihar and it was decided therein that Bihar School Examination Board will conduct Teacher Eligibility Test on 17.7.2011 for employment of secondary/senior secondary teachers in secondary and senior secondary schools. That it is further stated that Bihar School Examination Board has published the advertisement no. 36/2011 for Bihar Secondary/Senior Secondary Teachers Eligibility Test, 2011 on 27.8.2011 in different newspapers. That it is further stated that Bihar School Examination Board has published the advertisement no. 36/2011 for Bihar Secondary/Senior Secondary Teachers Eligibility Test, 2011 on 27.8.2011 in different newspapers. That the Secretary of Bihar School Examination Board has send a letter to teachers of different subjects requesting them to participate in a workshop organized in relation to Secondary and Senior Secondary Teachers Eligibility Test. It. was mentioned therein that those teachers who have taken classes of any student privately in the last two years of particular subject will not accept this assignment. It was also stated that those teachers whose wards are taking annual examination in 2012 will not accept this work. It was also mentioned that any teacher having any relation with any publisher or press publishing guess paper, guide notes or test papers will not accept this assignment.The aforesaid exercise was done from 10.12.2011 to 13.12.2011. That all the teachers present in the meeting have been provided the syllabus of their respective subjects. Thereafter, all of• them prepared their separate set of questions and sealed envelope is being handed over to the Secretary of the Board without mentioning the name of the teachers and only the subjects concerned was mentioned. Thereafter, the Secretary of the Board has chosen one envelope from each subject and sent the same to the confidential press for print of question papers outside State of Bihar. That it is further stated that the predecessor of the deponent vide letter no. 399 dated 7.2.2012 has instructed all the District Magistrates and Superintendent of Police to ensure the proper custody of question papers in banks/treasury. It was also directed to depute one officer for this work. It was also directed to provide police protection to the vehicles carrying confidential materials. That it is further stated that the predecessor of the deponent vide letter no. 84 dated 30.1.2012 has written a letter to all the District Magistrates-cum-Chief Examination Controllers, Superintendent of Police and all the District Education Officers stating therein that confidential printers will make available the question papers and OMR by 14.2.2012 to all the District Magistrates. It was also stated therein that on the day of examination the Centre Superintendent or his authorized messenger and Patrolling Magistrate will jointly receive the question paper from bank/treasury. It was also stated therein that on the day of examination the Centre Superintendent or his authorized messenger and Patrolling Magistrate will jointly receive the question paper from bank/treasury. The Patrolling Magistrate has been directed to ensure the safe reach of question papers at different centres and also to carry the Centre Superintendent of his• authorized messenger along in his vehicles. The District Magistrate has been directed to issue a specific order in this regard. It was also directed that then minutes before the examination the packets of question papers and OMR will be opened before Static Magistrate and classroomwise packets will be prepared and sent to the examination room by the Centre Superintendent. It was also directed that in no circumstances question paper and OMR will go outside the examination room and the same will be ensured by Centre Superintendent, Static Magistrate and police office. The Centre Superintendent has been made responsible for any kind of disturbance/mismanagement. That the District Magistrates has also been directed to direct the concerned Magistrate deputed on different examination centres to allow only the examinee in the examination centre and that after scrutiny of their admit card and no case any unauthorized person will enter into examination centre. It was also stated therein that after the examination OMR and attendance sheet will be kept in separate packets shiftwise and all the materials will be kept in the safe custody of strong room/ treasury. The District Education Officer has been directed to ensure the deposit of OMR and attendance sheet in Bihar School Examination Board, Patna on the next day after the examination by special messenger. The District Magistrate has been directed to make and inquire into the reasons for any mismanagement caused in the examination and to send a detail report. That the examination was held on 17.2.2012 I 38 districts at 778 examination centres. Examinations held at 120 centres in sixteen districts were cancelled. Out of sixteen only four District Magistrates of Nalanda, Munger, Saran and Supaul district have complained about leak of question papers and recommended for cancellation of examination of 1st sitting. It is also stated that District Magistrate, Araria vide letter no. 382 dated 17.12.12 has informed the Secretary of the Board that he received complaint of leak of question paper but on enquiry it was found false. It is also stated that District Magistrate, Araria vide letter no. 382 dated 17.12.12 has informed the Secretary of the Board that he received complaint of leak of question paper but on enquiry it was found false. A meeting was held under the chairmanship of Chairman, Bihar School Examination Board and it was decided therein to cancel the examination of different centres as recommended by District Magistrate/District Education Officers/Centre Superintendents and to conduct re-examination. That it would be relevant to state here that said eligibility test was conducted under the control and aegis of Bihar School Examination Board, Patna. That so far as the contention of the petitioner that a fax message was sent to the Education Deptt. by the District Magistrate, Saharsa does not find substantiated. In this context a query was made from the Principal Secretary's Cell, Director, Secondary Education as well as from Director, Administration and it was reported that no such fax message was received from the end of District Magistrate, Saharsa. That it is further stated that the re-examination was held on 16.6.2012 at different centres as mentioned in advertisement no. 36/2012. That it is further stated that a chart has been prepared of the students appeard and passed district-wise and centre-wise. It is worth to mention that though the examination held on 17.2.2012 in the first sitting (paper-1) at the examination centres of Saharsa district was not cancelled but from the perusal of the district-wise statistics of the said examination it is evident that in comparison to other district the qualifying percentage in paper-1 of Saharsa district was only 26.83%, whereas, the qualifying percentage of the candidates from Supaul was 36.98%. The total no. of student appeard in paper-1 of BSITET Examination 2011 is 3,64,393 and 85,608 students have qualified in the said examination i.e. 23.49%. Clearly, the performance of the centre at Saharsa about which report was sent to Principal Secretary but not received by Principal Secretary's Officer, is lower than in the adjoining districts. Therefore, no benefit seems to have accrued even if the reported leak were true. This is also because there are multiple sets of question which ensure that no one take advantage of any leak at a centre. The multiple sets are coded and these codes are confidential. Details of district-wise, centre-wise performance is attached. Therefore, no benefit seems to have accrued even if the reported leak were true. This is also because there are multiple sets of question which ensure that no one take advantage of any leak at a centre. The multiple sets are coded and these codes are confidential. Details of district-wise, centre-wise performance is attached. That with regard to action taken after leak of question paper is concerned it is stated that in Supaul district, Supaul P.S. Case No. 79/2012's were registered under Sections 419, 420, 467, 468, 471, 120-B IPC and Section 10 of the Bihar Conduct of Examination Act, 1981. Govt. of Bihar is seriously trying to improve Secondary Education in the State. Our major concern which is addressed through a totally transparent and merit based process, is the recruitment of teachers. Thus, timely recruitment is necessary of the effectiveness of Secondary Schools." 9. This Court therefore having found from the aforementioned affidavit that the State Government having received the report of four District Magistrates of Nalanda, Munger, Saran and Supaul with regard to leak of question paper and consequential recommendation for cancellation of examination had cancelled the test held on 17.2.2012 in the first sitting in the districts of Nalanda, Munger, Saran and Supaul and of the second sitting of Madhubani district (on account of pandemonium created by the examinees due to shortage of question paper in the first sitting) had made a further query as to why the same standard was not followed in respect of the examination held in Saharsa district. This Court had also directed the Respondents to explain as to whether nexus of the criminals with the officials incharge of conducting the examination in leak of question papers at different places all over Bihar was ever sought to be centrally enquired into and if so the details thereof be disclosed on affidavit. In doing so this Court had kept in mind the observations made by the Apex Court in the case of K. Shyam Kumar (supra), relevant portion whereof reads as follows:- "We are also of the view that the High Court was in error in holding that the materials available relating to leakage of question papers was limited and had no reasonable nexus to the alleged large scale irregularity. Even a minute• leakage of question papers would be sufficient to besmirch the written test and to go for a re-test so as to achieve the ultimate object of fair selection." (underlining for emphasis) 10. It is in answer to the said query that the Principal Secretary of Education Department had tiled his supplementary counter affidavit on 12th March, 2013, wherein, it had been stated as follows:- "That in continuation of earlier counter affidavit the answering respondent further state that S.P., Nalanda vide letter dated 8.3.2013 has informed that altogether 14 persons were arrested in connection with Nalanda P.S. Case No. 33/12 (the case registered against the accused person, as they in conspiracy had procured the question paper of Secondary/Senior Secondary Teachers Eligibility Test-2011 and were selling the same,) all of them were sent to jail on the same day. After completion of investigation and supervision charge-sheet No. 117/12 dated 31.3.2012 has already been submitted. That similarly S.P., Supaul vide letter dated 10.1.2013 has informed that the case was registered against six named accused persons beside unknown accused and five accused persons were arrested on the same day however, due to non-identification of one named and unknown accused, Charge-sheet No.202/12 has already been submitted against them on 10.4.2012 itself." 11. The aforesaid incomplete explanation of Principal Secretary being wholly insufficient as with regard to Saharsa district, this Court had expressed its strong displeasure over the manner in which the State Government had casually treated the rampant corrupt practice found to have taken place in holding of an open competitive test for recruitment on the post of teachers. The learned A.A.G.-I having thus appreciated the seriousness of the issue had sought an adjournment for taking a fresh decision at the highest level of the State Government. 12. Today learned A.A.G.-1 has accordingly filed a fresh supplementary counter affidavit sworn by the Principal Secretary of Education Department relevant portion whereof reads as follows:- "3. That necessary action is being taken to constitute a High Level Committee in order to enquire as to at what level the question paper of Teacher's Eligibility Test has been leaked. 4. That it has also been decided to cancel the examination of Teacher's Eligibility Test conducted in 2011 in the district of Saharsa and re-examination will be organized." 13. That necessary action is being taken to constitute a High Level Committee in order to enquire as to at what level the question paper of Teacher's Eligibility Test has been leaked. 4. That it has also been decided to cancel the examination of Teacher's Eligibility Test conducted in 2011 in the district of Saharsa and re-examination will be organized." 13. In view of the fact that the State Government has now decided to cancel the test of Saharsa district due to leak of question paper and hold a fresh test at all the centres of Saharsa district the grievance of the petitioner in this writ application stands redressed. 14. The State Government in fact having also decided to conduct an inquiry by a high level committee into the leakage of question paper and other irregularities in the eligibility test (BSITET-2011), it is expected that the real cause as also the real culprit for leakage of question paper would be identified in near future. 15. In that view of the matter, this Court would direct the respondents to now hold fresh eligibility test for all the eligible candidates of different centres of Saharsa district within a period of three months from the date of receipt of this order. 16. This Court would also direct the Principal Secretary of the Education Department to ensure that a high level' committee is constituted by the State Government within a period of one month from the date of receipt of this order and the said committee also must submit its report after examining all the aspects of the matter within a period of three months from the date of constitution of the Committee. 17. It goes without saying that follow up measures in the light of findings and recommendation would also be taken by the State Government so that in future such recurrence of the leakage of question paper and other related anomalies which had taken place in the present BSITET-2011 is totally eliminated to achieve the ultimate object of fair selection and appointment on the post of teachers in the State of Bihar. 18. This Court by its interim order dated 26.2.2013 had stayed the appointment on the post of teachers. 18. This Court by its interim order dated 26.2.2013 had stayed the appointment on the post of teachers. Now when the State Government has not only cancelled the result of BSITET of Saharsa district but has also explained that re-test has been conducted in all the centres of districts where the question papers had leaked prior to commencement of examination, it. would vacate the order of stay on appointment of teachers of all districts of the State of Bihar and the Respondents would be at liberty to make appointment on the post of teachers on the basis of the result of BSITET-2011. 19. With the aforesaid observations and directions, this writ application is disposed of. 20. Let a copy of this order be sent to the Principal Secretary of the Education Department for its strict compliance in letter and spirit.