Ideal Higher Secondary Public School, Delha, Gaya v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16911 of 2016 =========================================================== Ideal Higher Secondary Public School, Delha, Gaya through its Principal Shakti Kumar son of late Tarkeshwar Prasad resident of Mohalla - New Colony, Delha, Police Station - Delha, District - Gaya.

.... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Human Resources Development Department (Secondary Education), Bihar, Patna.

2. The Bihar School Examination Board through its Chairman, Sinha Library Road, Patna.

3. The Chairman, Bihar School Examination Board Sinha Library Road Patna.

4. The Secretary, Bihar School Examination Board Sinha Library Road, Patna.

5. The Asst. Secretary, Bihar School Examination Board Sinha Library Road, Patna.

.... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Shailendra Kumar Singh For the Respondent/s : Mr. Ashutosh Ranjan Pandey- AAG15 =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 22-12-2016 Writ application is dismissed for the simple reason that the institution cannot be law by itself, seek protection of law and not assist in adjudication of the matter before the competent authority.

The equity is against the institution, because the additional number of students, who have been allowed to appear through this institution, are well beyond the sanctioned limit and strength and the result had to be

Patna High Court CWJC No.16911 of 2016 dt.22-12-2016 2/2 withheld when the fraud was detected, but at a delayed stage.

Writ application is dismissed as no direction can be issued since the institution cannot be rewarded for its wrong conduct.

(Ajay Kumar Tripathi, J) SKM/- AFR/NAFR N.A.F.R.

CAV DATE Uploading Date 23.12.2016 Transmission Date