Aryan Kumar v. Central Board Of Secondary Education

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7168 of 2024 ====================================================== Aryan Kumar Son of Prafulla Chandra Ray Resident of Village - Dewan Dumaria, P.O.- Bamangama, P.S.- Sarath, District - Deoghar, Jharkhand, 815353 ... ... Petitioner/s

Versus

1.

Central Board of Secondary Education through its Secretary, Shiksha Kendra 2 Community Center Preet Vihar, Delhi - 110092. 2.

Secretary, Shiksha Kendra - 2 Community Center Preet Vihar, Delhi - 110092, Central Board of Secondary Education. 3.

Under Secretary (Exam), Central Board of Secondary Education, Regional Office, Bihar, Patna.

4.

Central Board of Secondary Education, through its Regional Officer, Bihar, Patna.

5.

Bihar School Examination Board, through its Chairman, Bihar, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Aditya Srijan For the Respondent/s :

Mr. Gyan Shankar For the CBSE :

Mr. Vinay Krishna Tripathy ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL JUDGMENT Date : 04-09-2024 Heard the parties.

2.

The present writ application has been filed on behalf of the petitioner for quashing letter bearing no.1069 dated 08.12.2023 issued under the signature of Secretary (Exam) whereby and where under the competent authority of CBSE (hereinafter to be referred as the Board) has been pleased to disapprove the result amendment (revision) of AISSE, 2011 in the background that more than 11 years has been lapsed since

2/4 its declaration and for commanding the respondents to consider the case of the petitioner and amend AISSE, 2011 result without any further delay. Also for other relief/order/direction for which the petitioner is entitled in the eye of law.

3.

Learned counsel for the petitioner submits that petitioner had appeared for class 10th examination as a regular candidate in the year 2010, which was conducted by the Board. However, the petitioner passed in every subject with remarkable marks but failed in the subject of Mathematics. Thereafter, the petitioner appeared as a private candidate in the year 2011 and passed in all subjects. However, in the certificate so issued by the Board, it was mentioned as "Appeared for up-gradation of performance". It is pertinent to state here that in the year 2010 due to shifting of Regional Head Office from Allahabad to Patna, serious discrepancies occurred in the result of several candidates, resulting in mass movement in the State of Bihar. Subsequently, the petitioner appeared and passed his Class 12th Examination conducted by the Bihar School Examination Board, five year integrated course of BA LLB from Jaipur National University and Masters degree in L.L.M. from L.N.C.T. University, Bhopal.

3/4 However, when the petitioner applied for job on the post of Junior Legal Officer conducted by the Rajasthan Public Service Commission, he was acquainted with some kind of error in the mark-sheet of class 10th and the same was confirmed by the C.B.S.E. Regional Office, Allahabad. Thereafter, petitioner filed an application on 20.09.2023 before the C.B.S.E. Regional Office, Bihar, Patna, along with duly sworn affidavit and all other relevant documents and submitted the same before the authority of Regional Board at Patna with a request to make necessary correction in his mark sheet.

4.

He further submits that an Office letter no.1069 dated 08.12.2023 was issued under the signature of Under Secretary (Exam) of the Board whereby and whereunder his application for correction is his marks sheet was rejected only on the ground that more than 11 years has been lapsed in this regard. 5.

Considering the submission on behalf of the petitioner, I direct the petitioner to file a representation along with all the relevant documents and a copy of this order, before the respondent no.2 within one week.

6.

The C.B.S.E. is directed to correct the 10th class, mark sheet of the petitioner within a period of one month from the

4/4 date of receipt/production of a copy of this order. 7.

With the aforesaid directions, this writ application stands disposed of.

(Anjani Kumar Sharan, J) shikha/- AFR/NAFR NAFR CAV DATE NA Uploading Date 06.09.2024 Transmission Date NA