Nikku Kumari v. Bihar School Examination Board (Higher Secondary) And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1545 of 2019 ====================================================== Nikku Kumari D/o Abhay Kumar Singh, Resident of Village- Vaishali , P.S. Vaishali Distt. Vaishali.

... ... Petitioner/s

Versus

1. Bihar School Examination Board (Higher Secondary) Patna through its Chairman

2. The Chairman, Bihar School Examination Board (Higher Secondary), Patna

3. The Secretary, Bihar School Examination Board (Higher Secondary), Patna

4. The Examination Controller, Bihar School Examination Board (Higher Secondary), Patna

5. The Principal, Lalganj Inter College, Lalganj, Vaishali

6. The Centre Superintendent, Lalganj Inter College, Lalganj, Vaishali

7. The State of Bihar, through Principal Secretary, Education Department, Bihar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Suryakant Kumar Mr. Rajesh Ranjan For the Respondent/s :

Ms. Shilpa Singh (GA-12) For the B.S.E.B. : Mr. Satyabir Bharti Mr. Alok Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 05-02-2019 The learned counsel for the Bihar School Examination Board had sought time for taking instructions in the matter as to whether the petitioner can be permitted to appear in the Intermediate Annual Examination, 2019 for which though the dummy admit card has been issued but the final admit card was not issued.

The learned counsel for the Bihar School Examination Board has taken instructions and has submitted that the petitioner had applied both for compartmental examination for appearing in one paper i.e. Physics paper as well as for appearing in the Intermediate Annual Examination, hence the

Patna High Court CWJC No.1545 of 2019(2) dt.05-02-2019 2/3 admit card has been issued to the petitioner for appearing in the compartmental examination in the Physics subject and not for appearing in the Intermediate Annual Examination, 2019 since appearing in both examinations simultaneously is not permissible.

The learned counsel for the petitioner submits that he has got instructions to submit that the petitioner will be appearing in all the subjects so that she can improve the result and is not interested in appearing in one subject in the compartmental examination.

At this juncture, the learned counsel for the Board has submitted that the Board has already come out with a press communique dated 26.01.2019, wherein it has been undertaken that the supplementary examination would be conducted for the candidates who have been left out in the Intermediate Annual Examination, 2019 and the final result would be published positively by the month of July, 2019 so that the session of such candidates is not wasted.

Having regard to the submissions made by the learned counsel for the parties, the present writ petition is disposed off with a direction to the Board to accommodate the petitioner in the supplementary examination to be held in pursuance to the

Patna High Court CWJC No.1545 of 2019(2) dt.05-02-2019 3/3 press communique dated 26.01.2019 so that her session is not lost. It is, however, clarified that the petitioner would not be eligible to appear in the compartmental examination since the petitioner herself has chosen to appear in all the papers in the Annual Examination, 2019 for improving her result, which she would be undertaking by way of special examination, as aforesaid.

(Mohit Kumar Shah, J) S.Sb/- U