IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.9252 of 2008
AARTI KUMARI .
Versus
THE STATE OF BIHAR & ORS .
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For the Petitioner:- Mr. Amrit Abhijat, Adv.
Mr. Upendra Yadav, Adv.
Mr. Manoj Kumar Gupta, Adv.
For the B.S.E.Board:- Mr. Sunil Kumar Mandal, Adv.
For the State:- Mr. Mohini Kumari, Adv.
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3. 26.8.2010 Heard learned counsel for the petitioner
and learned counsel for the Bihar School
Examination Board, (hereinafter referred to as the
‘Board’).
The petitioner claims to have been a
regular student of Shri Mahendra Das Inter College
(hereinafter referred to as ‘the College’) for the
Session 1999-2001 in the Intermediate Arts course.
She states that her registration in the erstwhile
Bihar Intermediate Education Council was R 1281
of 1999. She filled up the application form for the
Intermediate examination in the year 2000 and
appeared in the examination conducted by the
council in the year 2001. She was issued an admit
card for appearing in the examination, by the
erstwhile council. She was however not issued her
mark sheet signed by the Secretary of the
respondent council but under the signature of the
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Principal of the College. She states that she was
informed by the Principal of the College that a
mistake had occurred in the tabulation register and
in place of her name one Sarita Kumari has been
wrongly typed. Because of non availability of her
mark sheet, the petitioner could not pursue further
studies.
The counter affidavit of the respondent
Board states that the records show that registration
No. R 1281 of 1999 claimed by the petitioner in fact
records the name of Jyoti Kumari daughter of
Vinod Kumar Jaiswal Roll No. 30189 from which
the Board believes that the petitioner in fact never
appeared at the examination. The admit card
claimed by the petitioner to have been issued by
the erstwhile council appears doubtful. The
Principal was not competent to issue a mark sheet.
The tabulation records and registration records
were compared and some discrepancies were found
making her admit card issued doubtful. The
College has been asked to produce necessary
documents but it was not cooperating. The details
mentioned in the tabulation register bore a
difference not only in the candidates name but also
of the father’s name.
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This Court, from the counter affidavit of
the Board itself is satisfied that maters are still
under its examination and it has not reached any
final decision in the matter. The statements in the
counter affidavit may at best be described as
tentative observation of the Board.
The issues appear to be basically of
facts.
Let the petitioner appear with a copy of
the present order before the Secretary of the Board.
Within 10 days of the order being presented before
the Secretary, he shall proceed to fix a date for
hearing after prior intimation to the petitioner and
the Principal of the College and any other, if
considered necessary. The Principal of the College
as a direction of this Court is bound to be present
on the date fixed for hearing failing which it may be
construed as disobediance of the direction of the
Court. On the date fixed, the petitioner shall
appear with all her original documents in support
of her candidature. The Board and the College are
obliged to furnish her all materials and documents
which in their opinion raise doubts of her
candidature. A reasonable opportunity by grant of
adjournment shall be given to the petitioner to
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answer the same and after fresh hearing final,
reasoned and speaking order shall be passed by the
Board.
It is expected that if the grievances of
the petitioner finds favour with the Board
necessary consequential action shall be taken
without further delay.
Let the aforesaid directions be complied
with and final orders passed within a maximum
period of three months from the date of
receipt/production of a copy of this order before the
Secretary of the Board.
The writ application stands disposed.
P. Kumar ( Navin Sinha, J.)