Patna High CourtCWJC/3875/2015allowed

Pintu Kumar v. Bihar School Examination Board, Patna And ORS

2015-04-27Mr. Justice Ajay Kumar Tripathi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3875 of 2015 ======================================================

1. Pintu Kumar S/o Sri Jagarnath Prasad , Vill. & Post. - Affaur, P.S. - Khaira, District- Saran at Chapra.

.... .... Petitioner/s

Versus

1. Bihar School Examination Board, Patna through its Secretary

2. The Secretary , Bihar School Examination Board , Patna.

3. The Head Master , Rana Pratap High School , Rampur Kalan , Saran .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Abhay Shankar Singh For the Respondent/s : Mr. Piyush Lall ====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL ORDER 27-04-2015 This Court fails to understand as to how the Bihar School Examination Board can act unilaterally by annulling marks awarded to the petitioner in matriculation examination in the examination conducted in the year 2004. When the petitioner demanded the original certificate and on failure to beget the same, he filed this writ application. Now a plea is taken as to the reason why such cancellation was done.

This cancellation has been done behind the back of the petitioner. The cancellation has civil consequences for the petitioner because based on the matriculation result the petitioner has gone ahead and acquired higher degrees. There shall be serious fall out if what has been stated by the Examination Board

Patna High Court CWJC No.3875 of 2015 (3) dt.27-04-2015 is accepted on the face value.

There is an obligation upon the Examination Board, therefore, to issue final certificate to the petitioner with regard to the matriculation examination or issue a notice to him in the matter, if they are so advised. If the Examination Board decides to embark upon the second recourse, the whole exercise must be completed within eight weeks from today. This writ application is allowed with the observation aforesaid.

(Ajay Kumar Tripathi, J) Amin/- U