The Bihar School Examination Board And ANR v. Amit Kumar Minor And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.16 of 2019 In Civil Writ Jurisdiction Case No.24632 of 2018 ======================================================
1. The Bihar School Examination Board through its Secretary, Bihar School Examination Board, Patna
2. The Examination Controller, Bihar School Examination Board, Patna. ... ... Respondents-Appellant/s
Versus
1. Amit Kumar (Minor), Son of Mukesh Kumar, Resident of Village- Pachadha, P.O- Pachadha, P.s.- Hasua, Distt. Nawada, Presently resident of MohallaSadhanapuri Road No. 6 D. P.S. - Gardanibagh, Distt. Patna. ... Petitioner-Respondent.
2. The State of Bihar through the Principal Secretary, Education Department.
3. The Vice Chancellor Patliputra University, Patna.
4. The Registrar, Patliputra University, Patna.
5. The Principal, A.N. College, Patna.
... ... Respondents-Respondent/s ====================================================== Appearance :
For the Appellants :
Mr. Lalit Kishore, Senior Advocate Mr. Satyabir Bharti, Advocate Mr. Gyan Shankar, Advocate For the Respondent No.1 :
Mr. Anshu Dhar Sharma, Advocate For the Respondent No.2 :
Mr. Vinay Kumar Mishra, AC to AAG-15 For the Respondent Nos.3 & 4 :
Mr. Dr. Anand Kumar, Advocate Mr. Bipin Kumar @ Deo, Advocate For the respondent no.5 :
Mr. Dr. Sanjay Kumar, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 11-01-2019 Heard the learned Advocate General who has very fairly submitted that the directions of the learned Single Judge for allowing the respondent-petitioner to submit his application shall be complied with by accepting it Off-Line and he shall be allowed to appear in the improvement examination, but he contends that the said directions of the learned Single Judge do
Patna High Court LPA No.16 of 2019(4) dt.11-01-2019 2/3 not conform to the provisions of law as there was no fault on the part of the appellant-Bihar School Examination Board and hence, the said judgment may not be treated as a precedent. We accept this prayer of the learned Advocate General subject to the condition that as a special case, the examination form of the respondent-petitioner shall be accepted. The question of law relating to acceptability of any form by extending time, therefore, shall not be treated to be the ratio decidendi of the impugned judgment.
The Principal of the College, where the respondentpetitioner is a student, shall forthwith forward the application form of the respondent-petitioner along with the relevant fees, which shall be accepted by the Board for the purpose of allowing the respondent-petitioner to appear in the examination. The College may submit the entire documents together with the application form latest by tomorrow, i.e.,12.01.2019. Shri (Dr.) Sanjay Kumar Singh, learned Advocate, has appeared for the College, who shall ensure the compliance of the order.
The appeal stands disposed of accordingly.
In view of the aforesaid stand taken by the appellant, the writ application also stands disposed of.
Patna High Court LPA No.16 of 2019(4) dt.11-01-2019 3/3 A copy of this order shall be placed on the record of the writ petition being CWJC No.24632 of 2018. (Amreshwar Pratap Sahi, CJ) (Anjana Mishra, J) Sunil/- U