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Patna High CourtCWJC/11238/2019disposed

Kamlesh Ram v. The State Of Bihar

2025-08-29Mr. Justice Ajit Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11238 of 2019 ====================================================== Kamlesh Ram S/o Ram Brikasha Ram Vill.- Ambedkar Colony, Baswariya, P.s.- Bettiah Town, Distt.- West Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Education Department, State of Bihar 2.

The Secretary Bihar School Examination Board, Patna 3.

The Chairman Bihar School Examination Board, Patna 4.

The Director State Council Research and Training Centre, Govt. of Bihar 5.

The Principal District Education and Training Institution (DAYAT) Chhautani Motihari, East Champaran ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jitendra Kr. Rai Mr. Dhannjay Kumar No 2, Adv.

For the Respondent/s :

Mr. Mrigendra Kumar, AC to GP-20 For the BSEB :

Mr. Sunil Kr. Mandal, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 29-08-2025 Heard the parties concerned.

2. The instant writ petition has been filed for a direction to the Respondents to accept admission fee for the second year i.e., 2017-2018 and allow acceptance of his examination form for completing two years course of 20162018 with respect to D.El.Ed.

3. It is the case of the petitioner that during the period when this petitioner was supposed to appear, was indisposed and therefore, he could not appear in the said examination and further, one another chance which was given to the petitioner by the Bihar School Examination Board, that could also not be availed due to the reasons, not being within his control, as has been detailed in the writ petition.

Patna High Court CWJC No.11238 of 2019(9) dt.29-08-2025 2/3

4. When this matter was being taken up, learned counsel for the petitioner informed this Court that the petitioner is diagnosed with cancer and his health condition is deteriorating day by day, but as of today, he is in a position to appear in the D.El.Ed examination, in which, he had taken admission, which would be completed finally with participation in the examinations, as discussed aforesaid and upon such completion of courses, further prospect can be ventured by him for building his future.

5. Learned counsel for Bihar School Examination Board, on the last occasion, was requested to take instruction as to whether some accommodation for allowing this petitioner to appear in the on-going examination can be made by the Board, to which, learned counsel for the Board has apprised this Court that presently examination is being held with regard to Distant education courses and the courses for which this petitioner is seeking permission, is different and for that, the State Government would have to take decision and only thereafter, the Board can take such examination.

6. It has next been submitted that in future, if the State Government allows the Board to conduct such examination, in that event, his case may be considered favorably

Patna High Court CWJC No.11238 of 2019(9) dt.29-08-2025 3/3 subject to observation of this Court.

7. Taking into account the medical condition of this petitioner which is referred in para-10 of the supplementary affidavit filed on 27.08.2025 supported with the document having been appended as Annexure-5 Series to the present writ petition and considering the submissions made by the Board as well as the State, this writ petition is disposed of with a direction that if in future, when the Board proposes to conduct examination with respect to the said courses, the case of the petitioner shall also be considered on priority basis and the formalities as required in the matter would be completed and the petitioner would be provided the opportunity to write examination papers with respect to the courses concerned.

8. In view of the aforesaid, the writ petition is disposed off in the above terms.

(Ajit Kumar, J) perwez U