Urshita Pandey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2384 of 2024 ====================================================== 1.
Urshita Pandey Daughter of Shree Jitendra Kumar Pandey Represented through her father Jitendra Kumar Pandey, Petitioner no.2, Resident of Village- Jaitpur, PS.- Daudpur, District- Saran. 2.
Jitendra Kumar Pandey Son of Dhrup Kishor Pandey natural guardian and father of petitioner no.1, Resident of Village- Jaitpur, PS.- Daudpur, DistrictSaran ... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Department of Education, Government of Bihar, Patna.
2.
The Director, Secondary Education, Government of Bihar, Patna. 3.
The Chairman, Bihar School Examination Board, Patna. 4.
The Secretary, Bihar School Examination Board, Patna. 5.
The Examination Controller (Secondary), Bihar School Examination Board, Patna.
6.
The District Magistrate, Saran at Chapra.
7.
The District Education Officer, Saran at Chapra. 8.
The District Program Officer, Secondary Education, Saran at Chapra. 9.
The Block Educatin Officer, Ekma, District- Saran. 10.
The Headmaster, Utkramit Middle School, Devpura, P.S.- Rasulpur, DistrictSaran. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vitesh Kumar Singh For the Respondent/s :
Mr.Lalit Kishore, GP-26 Mr. Gyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL JUDGMENT Date : 13-02-2024 Heard learned counsel for the parties.
2. Learned counsel for the Bihar School Examination Board, Patna filed a counter affidavit.
3. Let it be kept on record.
4. The present writ application has been filed for the
2/4 following relief/reliefs:-
1) For directing to the Bihar School Examination Board, Patna to issue the admit card to the petitioner no.1, for examination of 10th class Board, whereby and whereunder, without any reason, the respondentBihar School Examination Board has not issued the admit card of petitioner no.1.
2) For directing to the respondent-Bihar School Examination Board to permit the petitioner no.1 to appear in the 10th Board Examination, which is going to be held on 15.02.2024.
3) For initiate an enquiry against the respondent for illegal act and passed adequate compensation which is payable to the minor petitioner, whereby and whereunder the illegal act of respondent, petitioner no.1 mentally and physically harassed, without any mistake.
4) For granting relief/reliefs for which the petitioner is entitled in the eye of law.
5. It is submitted by learned counsel for the petitioners that the Bihar School Examination Board issued notification PR 289/2023 dated 02.09.2023 and as per its notification, the Bihar School Examination Board invited application for examination of 10th Class board during period of 03.09.2023 to 17.09.2023 as per notification through online mode only. Petitioner no.1 being a regular student applied for Board Examination on 14.09.2023. The Bihar School Examination Board issued online dummy admit card to all the examinee of the 10th Board examination and uploaded on the Bihar School Examination Board website
3/4 and also send to the School I.D., but the dummy admit card of petitioner no.1 was not issued by the Board and after inquiry, the principal of the school stated that he inquired the matter in his own head and after his inquiry, he said that due to the technical glitch, her admit card was not issued. It is further submitted that the Bihar School Examination Board issued final admit cards of the examinee on 15.01.2024, but the final admit card of petitioner no.1 was not issued by the Board. Thereafter, she met the Secretary Bihar School Examination Board for issuance of the admit card, but the Bihar School Examination Secretary has not given any satisfactory answer in this regard. It is further submitted that without issuance of the admit card, the petitioner no.1 will be debarred from appearing in the Board examination.
6. A detailed counter-affidavit has been filed on behalf of the Bihar School Examination Board stating therein that petitioner no.1 has not submitted online application for examination of 10th Class board due to which admit card of the petitioner could not be issued to her. It is further stated that the respondent-Board in order to resolve the issue has published communique no. PR-03/2024 in daily newspapers on 03.01.2024 to held a Special Examination in the month of April,
4/4 2024 and to publish its result in May, 2024 by awarding division as it is awarded in the Annual Examination.
7. In that view of the matter, I direct petitioner no.1 to apply a fresh application for the Special Examination as published in daily newspaper and the Bihar School Examination Board shall issue an admit card to her so that she can appear in the said examination which is scheduled to be held in the month of April.
8. With the aforesaid observation and direction, this application stands disposed of.
(Anjani Kumar Sharan, J) divyanshi/- AFR/NAFR NAFR CAV DATE NA Uploading Date 01.03.2024 Transmission Date NA