Shiojee Chaurasia v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5670 of 2020 ====================================================== Shiojee Chaurasia, Gender-Male, age near about 42 years, son of Shree Shyam Narayan Chaurasia, resident of Village+P.o.- Pandaypatti, P.S.- Muffasil Buxar (Chausa), District- Buxar ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Sachiwalya, Patna 2.

The Principal Secretary of Education Department, Government of Bihar, Sachiwalya, Patna 3.

The Chairman, Bihar School Examination Board, Patna 4.

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

For the Petitioner/s :

Mr.Surendra Kumar Singh, Advocate For the Respondent Nos.1 & 2 :

Mr.A.R. Pandey, AAG-15 For the Respondent Nos.3 & 4 : Mr. Gyan Shankar, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 19-05-2020 Petitioner has prayed for the following reliefs:- "That the present writ petition craves indulgences of this Hon'ble Court. In representative capacity for issuance of writ in the nature of mandamus for cancel & stay result to examination STET 2019 on 28.01.2020 from various & large scale corruption stand in different as cheat, delay distribute question papers, special seat allotted to some examine candidate on all 317 examination centre at all Districts Area at Bihar from mismanagement by District Officers, District Education Officers &

Patna High Court CWJC No.5670 of 2020(2) dt.19-05-2020 2/3 Centre Invigilator. As not implement to examination control guideline, conditional order & circular by concerned authorities of all 317 centre when conditional order letter no. K.V.02/20 dated 23.01.2020 issued by Examination Controller, Bihar School Examination Board, Patna (Bihar) further question paper out of from video viral at 10.08 am after 8 minutes of examination start in 1st sitting 10.00 am which are violation of law, right with fundamental right as Articles 14, 16 & 19 etc.

where are effected to all 317 examination centres of Bihar and start to Hagama, FIR lodge arresting on various centres from mismanagement along with captured various Admit Card by police Town question paper sheet break found, OMR insufficiency found, examination has been start in different time problems stand on different centres, examination hall, and special seating arrangement in different hall some examine candidates has/have separate room hall & place. So started to Hagama by strong/bold examine candidates & against examination centre has canel and new dates fixed for re-examination. But other centres here where there examine candidates was not bold for Hagama start then centre has not cancel for re-examination.

Patna High Court CWJC No.5670 of 2020(2) dt.19-05-2020 3/3 unfortunately wrong by law & constitution Right.

And further for issuance of writ or writs direction or directions as it may deem fit and proper to the facts and circumstances of this case."

During the course of the hearing, learned counsel for the petitioner admits that the respondents have taken appropriate action and that the present petition, in its form, has become infructuous. However, learned counsel for the petitioner submits that if the examination is not held in the near future, it would cause immense hardship to the children. At this stage, Mr. Gyan Shanker, who appears for the Board states that the Board has already taken steps in conducting the examination, which we are informed, is likely to be held in the near future with the normalizing of the situation under the current Pandemic of COVID-19.

Petition as also the interlocutory application stand disposed of with the aforesaid observations/directions. (Sanjay Karol, CJ) ( S. Kumar, J) K.C.Jha/- U