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Patna High CourtL.P.A/2032/2015dismissed

Kailash Nath Tiwari v. The State Of Bihar And ORS

2017-09-06The Chief Justice,Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.2032 of 2015 IN Civil Writ Jurisdiction Case No. 8064 of 2015 =========================================================== Kailash Nath Tiwari, Son of Sri Daya Shankar Tiwari Resident of Village - Agsara, P.S. Darauli, District - Siwan, at Present resident at LD - 25 - L, Running Shed Colony, Terhipullia, Alambagh, Lucknow ( U.P. ) .... .... Appellant/s

Versus

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

2. The Director, State Council of Educational Research and Training, Bihar, Patna (SCERT ) Cum Coordinator, Bihar Elementary Teacher Eligibility Teat ( BETET )

3. The Bihar School Examination Board, Patna through its Secretary .... .... Respondent/s =========================================================== Appearance :

For the Appellant/s : Mr. Ajay Kumar Pandey, Advocate For the Respondent/s : Mr. Avinash Kumar, SC 30 =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 06-09-2017 Seeking exception to an order passed on 10.09.2015 in CWJC No. 8064 of 2015 this appeal has been filed by the appellant under Clause 10 of the Letters Patent.

The petitioner-appellant challenged the evaluation of Paper No. II with regard to the Bihar Elementary Teachers Eligibility Test, held in the year 2011. It was the case of the petitioner that 11 questions have been incorrectly included and their answers are incorrect and he wanted deletion of 11 questions. The learned Writ Court found that for the examination

Patna High Court LPA No.2032 of 2015 dt.06-09-2017 2/2 held in the year 2011, now in the year 2016, interference cannot be made, that also when the petitioner approached this Court by filing the writ petition it had become too late.

No error has been committed by the learned Writ Court in dismissing the writ petition warranting interference by us into this appeal. The appeal is therefore dismissed. (Rajendra Menon, CJ) (Anil Kumar Upadhyay, J) mrl AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 08.09.2017 Transmission Date N.A