IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.7494 of 2010
1. ANITA KUMARI D/O SHRI KISHORI PRASAD YADAV R/O
VILLAGE AND P.O. SARDAL PATTI, P.S. PARIHAR, DISTT.-
SITAMARHI
Versus
1. BIHAR SCHOOL EXAMINATION BOARD SINHA LIBRARY
ROAD, PATNA THROUGH ITS SECRETARY, PATNA
2. THE CHAIRMAN, BIHAR SCHOOL EXAMINATION BOARD
SINHA LIBRARY ROAD, PATNA
3. THE SECRETARY, BIHAR SCHOOL EXAMINATION
BOARD, SINHA LIBRARY ROAD, PATNA
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For the Petitioner:- Mr. Ranjeet Kumar, Advocate
For the Board:- Mr. Arshad Alam,Advocate
3 20.7.2010 Heard counsel for the petitioner and the
counsel appearing for the State.
This is the third round of litigation at the
instance of the petitioner for similar relief. The relief
being for a direction to the Secretary, Bihar School
Examination Board, Patna to publish the result of the
petitioner of Diploma in physical Education, since
the petitioner appeared in the examination held in
the year 1994.
Earlier the petitioner had filed CWJC No.
14954 of 2006 along with other similarly situated
candidates. Several other writ applications were also
filed for similar relief relating to publication of the
result of Diploma in Physical education. All writ
applications were heard and disposed off by common
order, directing the Secretary of Bihar School
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Examination Board to dispose off representation of
the petitioners within thirty days. A representation
filed by this petitioner and others for publishing the
results were rejected vide order dated 25.7.2008.
Thereafter CWJC No. 12408 of 2008 was filed for
quashing of the order dated 25.7.2008 passed by
the Secretary, Bihar School Examination Board,
Patna and also for a direction to publish the result.
This writ application was allowed vide order dated
12.11.2008, directing the Board to publish the result
of all candidates including this petitioner before
17.11.2008. However, the results of other
petitioners were published but the result of present
petitioner was not published.
Petitioner’s case is that orally she was
informed that her result cannot be published
because she was only 17 years eight months old on
1.7.1985 i.e. on first July of the admission year but
so far Regulation of Bihar School Examination Board
Regulations 1964 is concerned, a candidate must be
18 years of age on first July of the admission year.
Since the petitioner got admitted in the college
without following the minimum criteria of 18 years
on first July of the admission year, her result cannot
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be published.
Counsel appearing for the petitioner
submits that admittedly the petitioner got admission
in Diploma in Physical Education in the training
College i.e. “Central Sharirik Shaikshik Prashikshan
Parishad, Sitamarhi” for the Sessions 1985-1986
after passing her matriculation examination in the
year 1984. In the certificate of matriculation, her
date of birth is clearly mentioned as 27.11.1967.
There was no concealment on the part of the
petitioner. She could not appear in the annual
examination held in the year 1988 as she has not
cleared sent up examination. Subsequent to 1988,
the annual examination could be held in the year
1994. Petitioner appeared in the examination and by
that time she has attained 26 years of age. The
Bihar School Examination Board considering her
form, in which she has given her date of birth as
27.11.1967 had issued the admit card mentioning
same date of birth. In this circumstance,,
considering her date of birth, she was allowed to
appear in the examination. Her result could not have
withheld by the Bihar School Examination
Board,Patna. The act of non-publication of
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petitioner’s result is completely in violation of
Regulation 17 of the Bihar School Examination
Board, which provides that a candidate having
issued admit card and allowed to appear at the
examination, his/her result cannot be withheld on
the ground of alleged non-fulfillment of any requisite
condition, which was for the Secretary of the Board
to scrutinize before issuance of the admit card.
The case of the petitioner is fully covered
under the provisions of Regulation 17 of Bihar
School Examination Board Regulations, 1964.
Counter affidavit has been filed on behalf
of Secretary, Bihar School Examination Board,
Patna, wherein statement has been made that the
Board on several occasions wrote letters to the
Principal of the Institution for furnishing documents
in relation to the petitioner and one more candidate
but it was not supplied, stating that the documents
have been destroyed in the devastating flood of July,
1993. Since the petitioner did not fulfill the requisite
criteria for admission in the course, her result cannot
be published.
I find that in the counter affidavit, there is
no denial to the statement of the petitioner
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regarding mentioning of her date of birth in the
admit card issued by the Board, in favour of the
petitioner for appearance in the examination. It
shows that there was no concealment of the fact, so
far the date of birth is concerned and the Board had
issued admit card in favour of the petitioner
knowing her date of birth. In this circumstance, it
was desirable, for the Secretary, Bihar School
Examination Board to reject issuance of admit card
in favour of the petitioner, at the stage of scrutiny.
Since it was not done, petitioner is entitled for
publication of result, in terms of Regulation 17 of the
Bihar School Examination Board Regulations, 1964.
The action of the respondent-Board in the matters of
petitioner has been arbitrary and harassing. The
petitioner has been compelled to come before this
Court, at frequent intervals for same reliefs. This
must be the last approach of the petitioner for the
relief, she has been coming again and again. She
must get the final relief.
The Secretary of the Bihar School
Examination Board, Patna is directed to publish the
result of the petitioner by 21st of July, 2010.
Let a copy of this order be communicated
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to the Secretary, Bihar School Examination Board,
Patna through Fax, for which counsel for the
petitioner will deposit requisite cost today.
Mr. Arshad Alam will also communicate
this order to the Secretary, Bihar School
Examination Board, Patna today (20.7.2010) for
publication of petitioner’s result by 21st of July,
2010.
(Mridula Mishra,J.)
A.Kumar