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Patna High CourtCWJC/12702/2010dismissed

Sabita Kumari v. The State Of Bihar And ORS

2015-07-28Mr. Justice Ajay Kumar Tripathi2 pages

Patna High Court CWJC No.12702 of 2010 (2) dt.28-07-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12702 of 2010 ======================================================

1. Sabita Kumari W/O Shri Kamaldeo Prasad Sinha At R/O Justice Raj Kishore Path, New Area, Mohalla- Kadam Kuan, P.S. Kadam Kuan, Distt.- Patna .... .... Petitioner/s

Versus

1. The State Of Bihar

2. The Bihar School Examination Board, Patna Through Its Secretary

3. The Chairman, Bihar School Examination Board Sinha Library Road, Patna

4. The Secretary Bihar School Examination Board, Sinha Library Road, Patna .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Raj Nandan Prasad For the NCTC : Mr. S.N. Pathak For State : AC to SC-9 IRakesh Prabhat) For BSEB : Mr. Brijesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL ORDER 28-07-2015 The malafide of the claim of the petitioner appears from her own conduct. She filed the writ application, seeking a direction for declaration of her result of D.P. Ed. Examination, held in the year 1995-1996.

There is nothing to indicate that after conduct of examination, petitioner was ever interested in declaration of the result till filing of the writ application after more than a decade and half.

The stand of the petitioner's counsel that she has been filing representations is of no avail since it is a feeble effort to

Patna High Court CWJC No.12702 of 2010 (2) dt.28-07-2015 justify the extraordinary delay.

In addition to that, the respondents have filed their counter affidavit indicating that she had not appeared in one of the papers in question, which was the reason for non-declaration of her result. The petitioner knew this position very well and that is why she sat over the matter and her right for more than a decade and half and then decided to take a chance thereafter. Writ application has no merit, and it is accordingly dismissed.

(Ajay Kumar Tripathi, J) sushma/- U