Sanjay Kumar v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.484 of 2023 In Civil Writ Jurisdiction Case No.2165 of 2023 ====================================================== Sanjay Kumar, S/o Ram Chandra Yadav, Resident of Village- New Tarachak (Kumar Palace) P.S.- Danapur, District- Patna (Bihar). ... ... Appellant/s

Versus

1.

The Union of India through the Secretary, Department of School Education and Literacy, 124-C, Shastri Bhawan, New Delhi. 2.

The Additional Secretary (Institutions), Department of School Education and Literacy, 124-C, Shastri Bhawan, New Delhi.

3.

The Joint Secretary (E.E.I.), Department of School Education and Literacy, 124-C, Shastri Bhawan, New Delhi.

4.

The National Institute of Open Schooling, through Chairperson, A-24/25, Institutional Area, Sector- 62, Noida, District- Gautam Budh Nagar, Uttar Pradesh- 201309 5.

The Director (Evaluation), National Institute of Open Schooling, A-24/25, Institutional Area, Sector- 62, Noida, District- Gautam Budh Nagar, Uttar Pradesh- 201309 ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Arun Kumar Singh, Advocate For the Respondent/s :

Dr. K.N. Singh, ASG ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE ACTING CHIEF JUSTICE) Date : 17-02-2025 The appellant had appeared in six months' bridge course examination conducted by National Institute of Open Schooling (NIOS) in March 2019. He was found to be using unfair means in the examination and, therefore, his answer book was forfeited.

Patna High Court L.P.A No.484 of 2023 dt.17-02-2025 2/3 Nonetheless, on his entreaties, he was permitted to appear in the next examination.

2. He challenged the aforenoted decision before the National Institute of Open Schooling, which in its wisdom cancelled the earlier examination of the appellant also.

3. The contention of the appellant before the learned Single Judge was that the Invigilator had wrongly concluded that the appellant was adopting unfair means in the examination and that also only on the basis of few chits of paper lying strewn near him.

4. The learned Single Judge did not interfere with the decision of NIOS on the sole ground that such issues of facts could not be decided in the writ petition.

5. The appellant, in our view, should have been content with the permission to him to appear in the next examination, which he unnecessarily declined.

6. There was no other way in which his writ petition could have been disposed off except for

Patna High Court L.P.A No.484 of 2023 dt.17-02-2025 3/3 dismissing the same.

7. We also hold the same view and dismiss this appeal.

(Ashutosh Kumar, ACJ) (Partha Sarthy, J) Rajesh/Manoj AFR/NAFR NAFR CAV DATE NA Uploading Date 18.02.2025 Transmission Date