Vinod Pratap Narayan v. Bihar School Examination Board, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6502 of 2020 ====================================================== Vinod Pratap Narayan, Son of Ram Awadhesh Roy, Resident of MohallaRoad No. 18 II B, Rajiv Nagar, P.S.-Rajiv Nagar, District-Patna. ... ... Petitioner/s

Versus

1.

Bihar School Examination Board, Patna through its Secretary, at Patna. 2.

The Chairman, Bihar School Examination Board, Patna 3.

The Secretary, Bihar School Examination Board, Patna 4.

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

For the Petitioner/s :

Mr. Rudrank Shivam Singh, Advocate For the Respondent/s :

Mr.Gyan Shankar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 20-07-2023 Heard learned counsel for the petitioner and learned counsel for the Bihar School Examination Board (hereinafter referred to as the 'Board').

2. By filing this writ application, the petitioner prays for quashing the communication as contained in letter no.29 of 2020 dated 06.02.2020 issued under the signature of the respondent no.4 whereby and whereunder the petitioner has been informed that the committee constituted by the Board to examine unfairness of the Totalar has found that in course of retotaling the marks of the petitioner was updated by unfair means and instead of 26 marks which he has got, his marks were upgraded to 32 marks. This was done by the Totalar exceeding

Patna High Court CWJC No.6502 of 2020(4) dt.20-07-2023 2/3 his authority and with an intention to confer benefit to the petitioner. For the alleged act of interpolation, a First Information Report being Kotwali P.S. Case No.373 of 2019 dated 24.07.2019 has been registered and he has been blacklisted.

3. Learned counsel submits that so far as I.A. No.01 of 2022 is concerned, it has become infructuous, however, he has filed another interlocutory application being I.A. No.02 of 2023 questioning the office order dated 06.12.2022 bearing memo no.606 issued by the Block Panchayat Raj Officer, Maner, Patna under the District Programme Officer (Establishment), Patna whereby the petitioner who was working as a Block Teacher at U.M.V. School, Bhawanitola, Maner has been relieved from service with immediate effect in the most illegal and arbitrary manner.

4. A counter affidavit has been filed on behalf of the Board. The Board has opposed this writ application. The plea of the petitioner has also been contested by the Board on various grounds. It is submitted that by interpolation the marks of the petitioner were enhanced and in this connection one F.I.R. has been lodged.

5. Having regard to the nature of the allegations and

Patna High Court CWJC No.6502 of 2020(4) dt.20-07-2023 3/3 the materials available on the record, this Court finds no reason to interfere with the impugned orders/communication sitting in its extraordinary writ jurisdiction under Article 226 of the Constitution of India.

6. This writ application is dismissed.

(Rajeev Ranjan Prasad, J) arvind/- U