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Patna High CourtL.P.A/406/2016dismissed

Amit Kumar v. Bihar School Examination Board Senior Secondary And ORS

2016-11-22Mr. Justice Vikash Jain,Mr. Justice Hemant Gupta2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.406 of 2016 IN Civil Writ Jurisdiction Case No. 16418 of 2015 =========================================================== Amit Kumar son of Rajdeo Roy, Resident of Village - Kiratpur Rajaram, P.O. + P.S. - Bhagwanpur, District Vaishali.

... .... Appellant

Versus

1. Bihar School Examination Board (Senior Secondary) Budha Marg, Patna through its Secretary.

2. The Chairman, Bihar School Examination Board (Senior Secondary), Budha Marg, Patna.

3. The Secretary, Bihar School Examination Board (Senior Secondary) Budha Marg, Patna.

.... .... Respondents =========================================================== Appearance :

For the Appellant : Mr. Sunil Kumar Singh, Advocate. For the B.S.E.B. : Mr. Partha Sarthy, Advocate. =========================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE And HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT (Per: HONOURABLE THE ACTING CHIEF JUSTICE) Date: 22-11-2016 Heard learned counsel for the appellant and learned counsel for the respondents.

2. The challenge in the present Letters Patent Appeal is to an order passed by the learned Single Bench on 17th of December, 2015 in CWJC No. 16418 of 2015 whereby the claim of the appellant for relaxation in the last date for submission of the applications was not accepted.

3. Advertisement no. 26 of 2015 was published on 22nd of May 2015 for submitting applications for scrutiny of answer books. The last date for submission of the applications was 31st of May, 2015

Patna High Court LPA No.406 of 2016 dt.22-11-2016 2/2 which was extended to 1st of June, 2015.

4. The grievance of the appellant is that his result was declared on 30th of May, 2015 and therefore there was hardly any time for the appellant to submit an application for scrutiny of answer books. Thus, he seeks extension of the last date. The last date fixed for submission of the applications for scrutiny cannot be extended as it has affect on large number of candidates. If the last date is extended for one candidate, the extension in the last date for submission of the application has to be granted to all candidates. Thus such process will have cascading effect. Therefore, the learned Single Bench has rightly declined to grant the prayer made the writ petition filed by the petitioner to seek extension of time.

5. We do not find any error in the order of the learned Single Bench which may warrant any interference by this Court in intra court appeal. The Letters Patent Appeal is accordingly dismissed.

(Hemant Gupta, ACJ) (Vikash Jain, J) AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 26.11.2016 Transmission Date B.T/Ibrar N.A.