Vishal Vats v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6764 of 2020 ====================================================== Vishal Vats Son of Ramsharan Prasad Singh Resident of Village-Bargaon,, Post-Nalanda, Block- Silao, Police Station-Nalanda, District-Nalanda. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Education Department, Government of Bihar, Patna.

2.

That Chairman of Bihar School Examination Board, Patna. 3.

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

The Deputy Secretary, Bihar School Examination Board, Regional Office, Munger Division 5.

The Deputy Secretary, Bihar School Examination Board, Patna. 6.

The Exam Controller, Bihar School Examination Board, Patna. 7.

The Principal Simultulla Aawasiya Vidyalaya, District-Jamui. 8.

The Union of India through the President Central Airman, Selection Board, Post Box No. 11807, New Delhi-110010 9.

The Airman Selection Centre-CASB-C-DAC- (Airman Selection Centre Race Course Cantt. Sir Force Station New Delhi-110003 10.

The Commandant By a Group Captain Rank IAF Officer, Military Airfield BIhta Air Force Station, Patna.

11.

The ASCS BIhta Air Force Station, Patna.

12.

The Airman Selection Centre, Near Patla Gate, Air Force Station, Barrackpore, 24 Paragnas (North) West Bangal-743122 ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shekhar Kumar Singh, Advocate For the State :

Mr.Lalit Kishore (AG) For the Board :

Mr. Gyan Shankar, Advocate For UOI :

Mr. S.D.Sanjay, Addl. S.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 30-06-2020 Heard learned counsel for the petitioner, State and Mr. Gyan Shankar, learned counsel appearing on behalf of the Bihar School Examination Board and learned counsel appearing on behalf of the Union of India.

Patna High Court CWJC No.6764 of 2020(2) dt.30-06-2020 2/3 Learned counsel for the petitioner submits that the issue raised in the present writ petition is squarely covered by the decision of this Court dated 12.06.2020 in CWJC No. 6181 of 2020, which is quoted below for ready reference:- "Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the respondents.

Learned counsel appearing on behalf of the Bihar School Examination Board on instructions submits that the Board will verify the claim of the petitioner and issue original mark-sheet of Class 12th and certificate in the next week.

Considering the stand taken by Mr. Girijesh Kumar, learned counsel for the Board, the writ petition is disposed of with a direction to the Secretary, Bihar School Examination Board (respondent no. 2) to issue necessary certificate and original mark-sheet of Class 12th to the petitioner latest by 16th of June, 2020. However, the petitioner may approach the respondent nos. 7 to 10 for taking appropriate action in relation of the selection and appointment of the petitioner as Airman.

Mr. S.D. Sanjay, learned Additional Solicitor General may convey respondent nos. 7 to 10 that during pandemic if there is any delay occurred on the part of the Board in issuing

Patna High Court CWJC No.6764 of 2020(2) dt.30-06-2020 3/3 the original mark-sheet and certificate, that may be ignored on humanitarian ground having regard to the special circumstances.

With the aforesaid, the present writ petition stands disposed of."

In order to maintain consistency, the present writ petition is disposed of in similar terms.

The petitioner is hereby directed to deposit the requisite fee of Rs. 300/- before the Regional Office of the Board so that the necessary original certificate and marks sheet may be provided to him within a week after verification. With the aforesaid, the writ petition stands disposed of.

(Anil Kumar Upadhyay, J) spandey/- U