Patna High CourtCWJC/5202/2016dismissed

Shrawan Kumar v. Bihar School Examination Board And ORS

2016-08-05Mr. Justice Ajay Kumar Tripathi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5202 of 2016 ===========================================================

1. Shrawan Kumar son of Late Durga Prasad resident of Mohalla - Shamir Takiya, P.S. Rampur, District - Gaya.

.... .... Petitioner/s

Versus

1. Bihar School Examination Board, Patna through its Chairman.

2. The Chairman, Bihar School Examination Board, Patna.

3. The Secretary, Bihar School Examination Board, Patna.

4. The State of Bihar through the Principal + 2 Zila School Gaya.

5. The Principal + 2 Zila School, Gaya.

.... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Arvind Kumar Singh For the Examination Board:

Mr. Ajay Bihari Sinha For the State:

Mr. Vijay Kumar Singh No. 1 AC to SC-18 =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 05-08-2016 Heard learned counsels for the parties.

Writ application has been filed for a direction upon the respondent-Examination Board to issue a duplicate mark-sheet of matriculation, since he had passed the examination in the year 1998 and in support thereof a photo copy of the earlier mark-sheet has been annexed.

The stand of the Examination Board is that the marksheet, which has been annexed with the writ application, is a forged piece of document. They have annexed the extract of the tabulation register, which indicates that the petitioner had failed. If the records of the Examination Board indicate such a position, they cannot issue

Patna High Court CWJC No.5202 of 2016 dt.05-08-2016 2/2 a duplicate mark-sheet on the basis of what the petitioner is claiming as to be his original mark-sheet.

In the controversial circumstances as above, there cannot be a mandamus in favour of the petitioner.

In view of the aforesaid facts and circumstances, writ application is dismissed.

(Ajay Kumar Tripathi, J) SKM/- AFR/NAFR N.A.F.R.

CAV DATE Uploading Date 05.08.2016 Transmission Date