Tasnim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL REVIEW No.130 of 2022 In Civil Writ Jurisdiction Case No.11335 of 2021 ====================================================== Tasnim Daughter of Late Rashid Ahmad Siddique and Wife of Wasi Ahmad, Residence at Mohalla - ward no. - 14, Kalibag (Naya Tola) Near Library Cinema, Betia (West Champaran), Pin Code - 845438 (Bihar). ... ... Petitioner/s

Versus

1.

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

2.

The Director Primary Education Department, Bihar, Patna. 3.

The Chairman, Bihar State Madrasa Education Board, Patna. 4.

The Secretary, Bihar State Madrasa Education Board, Patna. 5.

The Controller of Examination, Bihar State Madrasa Education Board, Patna.

6.

The Principal, Madrasa Darus Salam, Sikta, West Champaran (Bihar). ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhinav Srivastav, Sr. Advocate Mr. Subodh Kumar, Advocate Mr. Nirbhay Prashant, Advocate For the AIDS Society :

Mr. K.K. Sinha, Advocate For the Opposite Party/s :

Mr. Braj Bhushan Mishra, AC to AAG-9 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 24-07-2025 Heard the parties.

2. The present petition has been preferred for the grant of following relief(s):

"against the order dated 12.04.2022 passed in

2/4 C.W.J.C. No. 11335 of 2021, passed by Hon'ble Mr. Justice Sanjeev Prakash Sharma (as his lordship then was). Whereby and whereunder writ petition has been disposed of in light of Judgment dated 23.02.2022 passed in CWJC No.

5489/2020 (Suresh Ram Versus The State of Bihar & ors) and connected matter reported in 2022 (2) B.L.J., 381 and Judgment dated 7.03.2022, passed in C.W.J.C. No. 34/2022 (Meenakshi @ Sushri Meenakshi Versus The State of Bihar & Others) but the case of petitioner is not covered by the aforesaid judgment."

3. The writ petition was preferred for the grant of following relief(s):

i) To issue a writ of mandamus directing the respondent authorities to issue correct duplicate certificate of Fauquania Examination ( equivalent to Matric) and marks sheet of the petitioner as issued marks sheet dated 27.8.1979 (Annexure-1) with correct date of Birth 7-1-1967 in place of 7-1-1961 and correct Name Tasnim in

3/4 place of Md. Tasnim.

(ii) To issue pass such other writ/writs, direction/directions against the respondent authorities to which the petitioner found entitle.

4. The petitioner preferred C.W.J.C. No.11335 of 2021 for directing the respondent-authorities to issue correct duplicate certificate of Fauquania Examination (equivalent to Matric). The matter was taken up by a Co-ordinate Bench of this Court passed by Hon'ble Mr. Justice Sanjeev Prakash Sharma (as his lordship then was) and in light of Judgment dated 23.02.2022 passed in C.W.J.C. No. 5489/2020 (Suresh Ram Versus The State of Bihar & ors) reported in 2022 (2) B.L.J., 381, writ petition was disposed of.

5. Aggrieved the present petition.

6. Learned counsel for the petitioner submits that he simply wanted issuance of certificate but in batch cases, the same was referred to the appellate authority.

7. Learned counsel for the State supports the claim of the petitioner.

8. In that background, the Civil Review No.130 of 2022 is allowed, the order passed in C.W.J.C. No. 11335 of 2021 on 12.04.2022 is recalled. Let C.W.J.C. No.11335 of 2021,

4/4 (Tasnim v. The State of Bihar and Others), be placed before an appropriate Bench

9. Accordingly, the Civil Review stands disposed of. (Rajiv Roy, J) sharun/- U