Nirupama Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3606 of 2022 ====================================================== Nirupama Singh Daughter of Krishna Kumar Singh Resident of Village and Post Bangre Ki Bari, P.S. - Chainpur, District- Siwan. ... ... Petitioner/s

Versus

1.

The State of Bihar Through the Principal Secretary, Human Resource Development Department, Government of Bihar, Patna. 2.

The Director, Secondary Education, Education Department, Government of Bihar, Patna.

3.

The Chairman, Bihar School Examination Board, Bihar, Patna. 4.

The Secretary, Bihar School Examination Board, Bihar, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Kumar, Adv.

For the Respondent/s :

Mr.Prabhakar Jha (Gp27) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 20-04-2022 Heard the parties.

The case is being taken up from defect side.

Learned counsel for the petitioner is directed to submit the original petition along with attested affidavits and also remove all the defects pointed out by the Registry within two weeks from today.

Admittedly, the petitioner's name in the Class 10th certificate issued by the Bihar School Examination Board has been shown as Kumari

Patna High Court CWJC No.3606 of 2022(2) dt.20-04-2022 2/3 Nirupam Singh while in the Intermediate examination, certificate issued by the Bihar Intermediate Education Council, the name of the petitioner shown as Nirupama Singh.

The petitioner seeks correction of his name in the certificate issued by the Bihar School Examination Board.

In support of his submission, the learned counsel has taken note that in certificate issued from time to time by the various bodies and the Principal of the School, where the petitioner was study, the questions are to be examined purely factual in nature and finding has to be arrived at whether the petitioner is the same person, who appeared for the 10th Board examination conducted by the Bihar School Examination Board, Patna in 2001. In order to reach to such finding, evidence has to be examined and factual findings have to be arrived at. Thus, Court of writ jurisdiction does not entail findings of fact. In view, thereof, the writ petition would not lie, the same is dismissed with liberty to take

Patna High Court CWJC No.3606 of 2022(2) dt.20-04-2022 3/3 appropriate remedy in law for making a findings of fact declared.

Liberty is also granted to filing suit in the Civil Court, if such suit is preferred, it is expected to the concerned Court to decide the same expeditiously.

(Sanjeev Prakash Sharma, J) pravinkumar/- U