Nisha Kumari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13141 of 2017 ====================================================== Nisha Kumari, Daughter of Kapurchand Singh, Resident of Village- Sahuar, P.S.- Karagahar, District- Rohtas, Bihar.

... ... Petitioner/s

Versus

1.

The State Of Bihar through the Principal Secretary, Education Department, Government of Bihar, Patna 2.

The Bihar School Examination Board, Patna through its Secretary. 3.

The Chairman, Bihar School Examination Board, Patna. 4.

The Secretary, Bihar School Examination Board, Patna. 5.

The Principal, Subedar Singh College, Karagahar, District- Rohtas. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dhanendra Chaubey For the Respondent/s :

Mr.Madhaw Prasad Yadav, GP-23 Mrs. Meera Singh, AC to GP-23 Mrs. Binita Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 05-07-2019 Heard learned counsel for the petitioner and the respondents.

The matter of granting grace marks/additional grace marks is not a matter of judicial scrutiny. In the given situation, considering the hardship, the Board or its Chairman may take decision that cannot be a ground to grant indulgence by this Court in writ proceeding.

However, the Court is of the view that if the Board takes decision to grant grace marks, the decision of the Board should be on uniform basis and not on pick and choose basis. If others have been granted grace marks, the petitioner

Patna High Court CWJC No.13141 of 2017(2) dt.05-07-2019 2/2 and all other similarly situated persons shall also be entitled to the benefit of grace marks.

It is made clear that this Court has not expressed any opinion for grant of grace marks, but granting the benefit of grace marks by the Board shall be on uniform basis. (Anil Kumar Upadhyay, J) uday/- U