Patna High CourtL.P.A/1219/2013disposed

The Bihar School Examination Board And ORS. v. Rafat Ara

2017-05-03Justice Smt. Nilu Agrawal,Mr. Justice Ajay Kumar Tripathi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1219 of 2013 IN Civil Writ Jurisdiction Case No. 17491 of 2010 ===========================================================

1. The Bihar School Examination Board, Patna, Through Its Chairman, Patna, Bihar

2. The Chairman, Bihar School Examination Board, Patna

3. The Secretary, Bihar School Examination Board, Patna .... .... Appellant/s

Versus

Rafat Ara Daughter Of Abdur Rahim Resident Of Kambal Sah Majar Chawk, Muzaffarpur, P.S.- Muzaffarpur In The District Of Muzaffarpur .... .... Respondent/s =========================================================== Appearance :

For the Appellant/s :

Mr. Girijish Kumar For the Respondent/s :

Mr.

=========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI and HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI) Date: 03-05-2017 I. A. No. 6985 of 2013 is allowed. The delay of 22 days is condoned for the reasons indicated in the interlocutory application. Matter is thereafter heard on merit.

Heard learned counsel for the appellants.

There is none on behalf of the respondent, despite service of notice.

Prima facie, we do not feel that the Learned Single Judge was incorrect in giving a direction upon the Bihar School Examination Board to issue a composite mark-sheet, but then a stand is taken before the Bench that this was the methodology adopted by the Examination Board prior to the year 2011. After 2011

Patna High Court LPA No.1219 of 2013 dt.03-05-2017 2/2 there is no problem with regard to the different roll number or roll code. Since this examination related to the year 1997, there was difficulty, because lacs and lacs of students will start demanding such a direction, which is very very difficult to comply and verify. Be that as it may, the appeal is disposed off with an observation that the order, dated 23.07.2013, may not be treated as a precedent in relation to such matters.

Appeal is disposed off.

(Ajay Kumar Tripathi, J) (Nilu Agrawal, J) SKM/- AFR/NAFR N.A.F.R.

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