High Court Patna High Court - Orders

Anita Kumari vs The Bihar School Examination B on 20 July, 2010

Patna High Court – Orders
Anita Kumari vs The Bihar School Examination B on 20 July, 2010
                    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
                                          -----------

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