Patna High CourtCWJC/1279/2025disposed

Shailesh Kumar v. State Of Bihar

2025-05-06Mr. Justice Anil Kumar Sinha4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1279 of 2025 ====================================================== Shailesh Kumar S/o Ram Bilash Chaurasia, Vi and Po-Bahuara, PS-Parihara, Distt-Begusarai, Via-Khagaria, Bihar-851204, (M)-7761880204. ... ... Petitioner/s

Versus

State of Bihar Through Secretary, Department of Education, Govt. of Bihar, Vikash Bhawan, Punaichak, Patna, Bihar-800015. 2.

Bihar School Examination Board Through Secretary, Bihar School Examination Board, Budha Marg, Patna, Bihar-800001. 3.

Bihar State Bar Council, Through Secretary, Bihar State Bar Council, Bar Council Bhawan, East of Patna High Court, Patna, Bihar-800001. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shailesh Kumar (In Person) For the Respondent/s :

Mr. Standing Counsel (23) :

Mr. Madhusudan Rai, Ac to Sc23 For the BSEB :

Mr. Siddhartha Prasad, Adv.

For the BSBC :

Mr. Bipin Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 06-05-2025

1. Heard the parties.

2. The petitioner appears in person with a grievance that he took 10th examination in the year 1996. The certificate pertaining to Secondary School Examination 1996 was lost. Accordingly, the petitioner applied for duplicate certificate before the Bihar School Examination Board in the year 2018 but the board has delayed the matter and has granted duplicate certificate to the petitioner on 02.05.2025 which has been sent to the petitioner by post on his address.

3. The petitioner submits that he has another grievance that there is a delay in providing certificate on part of

2/4 the Board, as such, the adequate compensation be awarded in favor of the petitioner to be paid by the Respondent/Board for inordinate delay in providing the certificate.

4. On the other hand, learned counsel for the Board submits that the petitioner passed his matriculation examination in 1996 conducted by the Bihar School Examination Board and accordingly, mark-sheet and certificate was duly issued in his favor. It is, however, in the year 2013, the petitioner claims to have lost his testimonials/mark sheets while traveling including his matriculation mark sheet and certificate. The petitioner filed a complaint regarding loss of certificate before the Fatua GRP and after lapse of five years, the petitioner in 2018 applied for issuance of duplicate certificate and the mark-sheet before the Board.

5. Since, the petitioner passed the examination in the year 1996 and the matter was very old, the board constituted a five-member Sub-Committee vide office order bearing No. 4425 to inquire into the matter for getting the issue resolved at the earliest. During course of inquiry, the committee has found that the details of the candidate namely Shailesh Kumar had not been uploaded under the DMS data. The Sub-Committee also found that under the relevant tabulation registration, the pages

3/4 containing the details of present petitioner, the candidate name, roll number, roll code have not been found complied therein. Though, the details of other candidates starting from Roll No. 12307 under Roll Code 4303 have been found complied therein.

6. He further submits that in order to complete the inquiry and to gather the required details, the Board asked the Headmaster of the concerned school to furnish the original cross list. In response to the same, the school sent the original attested cross list and entire original cross list through DO and special messenger. The attested cross list pertaining to Secondary Annual Examination 1996 sent by the school under Roll No. 333 to 400 and under Roll Code 4303, it was found that the petitioner passed in second division having date of birth 01.03.1982. The committee submitted its final report on 16.04.2025 recommending to prepare the duplicate copy of mark sheet pertaining to the petitioner for the Annual Examination 1996 on the basis of the original cross list duly attested by DEO, Khagaria. Immediately thereafter, on 02.05.2025 the mark sheet of the petitioner was sent on his official address through office address vide letter dated 02.05.2025.

7. I have heard learned counsel for the parties and

4/4 have gone through the materials available on record. The grievance of the petitioner for having duplicate copy of the mark sheet has been fulfilled. The claim of the petitioner for grant of compensation cannot be allowed for the reasons that the certificate/mark sheet of the petitioner lost in 2013 but he applied for duplicate copy after five years in 2018. Since the matter was very old i.e., of 1996, the Board took time in order to search the details and ultimately issue was resolved after forming a Sub-Committee which submitted its report after calling the cross list from the concerned school. There is no deliberate latches and delay on part of the Board. The petitioner has not made out a case of violation of his fundamental rights.

8. Accordingly, the relief sought by the petitioner regarding compensation is refused.

9. This writ application stands disposed in terms indicated above.

(Anil Kumar Sinha, J) harshpandey/- U