Dhiraj Kumar v. The Bihar School Examination Board And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2535 of 2017 ====================================================== Dhiraj Kumar, S/o Manoj Das, Resident of Village Mallikpur, P.O. Rustampur, P.S. Raghopur, Distt. Vaishali .... .... Petitioner/s

Versus

1. The Bihar School Examination Board through its Secretary, Patna, Bihar

2. The Examination Controller, B.S.E.B., Patna, Bihar 3.B.M.D. College through its principal, Dayalpur, Vaishali

4. Principal, B.M.D. College, Dayalpur, Vaishali .... .... Respondent/s Appearance :

For the Petitioner/s : Mr. Rakesh Kumar For the B.S.E.B. : Mr. Ranjit Sinha, Adv. ====================================================== CORAM: HON'BLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 04-01-2018 In terms of the order passed in CWJC No. 2389 of 2017 Nishu Kumar Vs. Bihar School Examination Board and Ors. this application is also allowed, subject to the condition that petitioner will deposit a sum of Rs. 1500/- with the Bihar School Examination Board, Patna through demand draft drawn in the name of the Secretary, Bihar School Examination Board against examination fee, within one month from today. Despite service of notice upon respondent nos. 3 and 4, they have chosen not to appear. It is the case of the petitioner that he had deposited the examination fee with the Principal of the B.M.D. College, Dayalpur, Vaishali where as it is the case of Bihar School Examination Board that fee was not transmitted to Bihar School Examination Board.

These facts remain uncontroverted. Apparently, the conduct of respondent nos. 3 and 4 amounts to breach of trust within the meaning of Section 405 of

Patna High Court CWJC No.2535 of 2017 (4) dt.04-01-2018 2/2 the Indian Penal Code.

I direct the Bihar School Examination Board to register an F.I.R. against the Principal, B.M.D. College, Dayalpur, Vaishali.

This writ application is allowed.

(Chakradhari Sharan Singh, J) sushma/- U