Ani Priya v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1993 of 2019 ====================================================== Ani Priya aged about 18 years D/o Sunil Kumar Pandey resident of mohallaRamjeechak, Digha, P.S- Digha, District- Patna ... ... Petitioner/s

Versus

1. The State of Bihar through the principal Secretary, Department of Education, Bihar, Patna

2. The Chairman Bihar School Examination Board, Patna

3. The Secretary, Bihar School Examination Board, Patna

4. The Controller of Examination, Bihar School Examination Board, Patna

5. The Data Entry operator, Bihar School Examination Board, Patna

6. The Headmistress H.G. High School, Digha, Patna

7. The Head Clerk, H.G. High School, Digha, Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sunil Kumar Pandey For the Respondent/s :

Mr.Jitendra Kumar Roy (Sc13) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 05-02-2019 The grievance of the petitioner in the present case is that although the petitioner had filled up the forms for appearing for improvement in all the papers of the intermediate annual examination, 2019, the admit card, issued to the petitioner, does not depict the chemistry subject, however, rest of the subjects have been depicted in her admit card.

The learned counsel for the Respondents submits that the examination form of the petitioner is itself self contradictory, inasmuch as the petitioner has stated- 'No' against the coloum meant for chemistry subject, hence, the admit card has been issued for other subjects and not for chemistry subject.

Patna High Court CWJC No.1993 of 2019(2) dt.05-02-2019 2/3 The learned counsel for the petitioner, at this juncture, submits that it is not the mistake of the petitioner rather the mistake might be that of the school / Board although it is the case of the petitioner that she had chosen to appear in all the subjects for improvement.

The learned counsel for the Bihar School Examination Board, on the contrary, submits that now, it is too late in the day to grant permission to the petitioner to appear in the chemistry subject in the ongoing examination, however, as per the press communique of the Bihar School Examination Board dated 26.01.2019, special examination would be held in the month of May and the final results would be published in the month of July, 2019 so that the careers of the students are not spoiled, hence, the petitioner would be accommodated to appear in the chemistry subject in the said forthcoming special examination. Having regard to the submissions made by the learned counsel appearing for the parties and the agreement reached in between them, the present writ petition is disposed of with a direction that the petitioner would appear in the subjects for which the admit card has been issued in connection with the ongoing intermediate annual examination, 2019 for the purposes of improvement and as far as the chemistry (Practical & theory

Patna High Court CWJC No.1993 of 2019(2) dt.05-02-2019 3/3 subject) is concerned, she would be permitted to appear in the forthcoming special examination, result whereof is undertaken to be published by the respondent Board in the month of July, 2019.

It is needless to state that a combined mark-sheet shall be issued to the petitioner for all the subjects, after the results of both the annual examination, 2019 and the special examination, 2019 is published. In order to avoid any uncertainty & skepticism, the petitioner would file an appropriate representation along with a certified copy of this order before the Principal of the School as also before the Secretary, Bihar School Examination Board Patna so that the needful is done by the respondents in order to avoid any inconvenience to the petitioner-student.

The writ petition is disposed of on the aforesaid terms. (Mohit Kumar Shah, J) ajay gupta/- U