Dinesh Kumar Ram, v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL REVIEW No.37 of 2019 In Civil Writ Jurisdiction Case No.13647 of 2010 ====================================================== Dinesh Kumar Ram, Male, aged about 39 years, Son of ShobhiLal Ram, R/O Vill.- Sonapatahi, P.O.- Sarara (Sonapatahi), P.S.- Babubarhi, Distt.- Madhubani.

... ... Respondent/Petitioner

Versus

1.

The State of Bihar.

2.

The District Magistrate, Madhubani.

3.

The Sub-Divisional Officer, Sadar, Madhubani. 4.

The Circle Officer, Babuharhi, Madhubani.

5.

The Block Development Officer, Babubarhi, Madhubani. 6.

Shri Vishwanath Chaudhary, Male, aged about 56 years, Son of not known The then Sub-Divisional Officer, Sadar, Madhubani. 7.

Sri Shambhu Prasad Singh Son of not known, the then Circle Officer-cumBlock Development Officer, Babubarhi, Madhubani. --- Respondents/Respondents 1st Set/Opp. Parties 8.

Ram Prasad Ram, Male, aged about 34 years, Son of Late Mahavir Ram, Resident of Village- Sonapatahi, P.S.- Sarara (Sonapatahi), P.S.- Babubarhi, District- Madhubani.

... ... Petitioner/Respondent 2nd Set/Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Md. Nazir Ansari For the Opposite Party/s :

Mr.Ajay (GA5) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 27-03-2019 The present review application has been filed for reviewing the order dated 8.1.2019 in C.W.J.C. No. 13647 of 2010. The dispute was with respect to the percentage of marks obtained by the present petitioner vis-à-vis Ram Prasad Ram. This Court vide order dated 17.7.2018 passed in C.W.J.C. No. 13647 of 2010 had referred the matter to the Sanskrit Shiksha Board to give report about the percentage of the marks obtained by them and the Chairman of the Sanskrit Shiksha Board submitted his

Patna High Court C. REV. No.37 of 2019(3) dt.27-03-2019 2/2 report in a sealed cover which was opened in presence of the parties, reflects that the review petitioner has secured 50.11% of marks whereas his adversary, namely, Ram Prasad Ram has secured 50.86% of marks and thus, Ram Prasad Ram has better percentage of marks than Dinesh Kumar Ram. Accordingly, the Court declared Ram Prasad Ram having obtained better percentage of marks. Learned counsel for the petitioner submits that he had no knowledge about the contents of the report submitted by the Chairman of the Sanskrit Shiksha Board which is not correct as the Court had opened the sealed cover in presence of both the parties, hence both the parties are knowing their respective percentage of marks as communicated by the Chairman, Sanskrit Shiksha Board. The order was passed in presence of both counsels and, thus, learned counsel for the petitioner cannot say that the percentage of marks was not known to him correctly. This Court had considered all aspects of the matter and had decided the case.

Accordingly, this Court does not find any merit in the review application and the same dismissed.

(Shivaji Pandey, J) rishi/- U