Sudhanshu Kumar v. The Bihar School Examination Board And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 1943 of 2017 =================================================== Sudhanshu Kumar son of Sri Sanjay Singh, Resident of VillageNaukothi, P.S. Naukothi, District- Begusarai through his father natural Guardians Sanjay Singh son of Late Hridya Narayan Singh. .... .... Petitioner.

Versus

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

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

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

4. The Controller of Examination, the Bihar School Examination Board, Patna.

5. The Principal, Shree Shree 108 Mahanth Ram Jiwan Das Inter College, Bishnupur, Begusarai, District- Begusarai. .... .... Respondents.

=================================================== Appearance :

For the Petitioner : Mr. Suresh Kumar Ishwar, Adv. For the Respondents: Mr. Ajay, Adv.

=================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL JUDGMENT Date: 13-02-2017 Heard learned counsel for the petitioner and the State. Petitioner's grievance is that in the check-list of the Intermediate Examination (Session 2015-17), as contained in Annexure-4, at the serial no. 806, in the place of the petitioner's name, the name of one Shreya Singh appears, father's name has wrongly been entered though the name of mother is correct and the photograph of the petitioner is correctly pasted there. Learned counsel for the petitioner drew attention of

Patna High Court CWJC No.1943 of 2017 dt.13-02-2017 this Court towards Annexure-7 to show that the aforesaid Shreya Singh has given a separate registration number. It is contended that though the School has also written to the Secretary Bihar School Examination Board vide Annexure-5 on 09.01.2017 itself but correction of the name has not been done and due to that the petitioner has not been given admit card in his name so that he could appear in the 12th Board Examination which is to commence from tomorrow.

A counter affidavit has been filed on behalf of the Board. It is stated that a chance was given to the School to rectify the mistake online or by sending objection through e-mail but that was not done and at the fag end this writ petition has been filed. In my view, the petitioner even though the School did not take action within the time, he being a student cannot be faulted with. Apparently, his name is missing from Annexure-4 though his picture is there. In such a situation, this Court would direct the respondent Board to allow the petitioner to appear in the concerned examination. Since it is submitted that at the fag end several unwarranted persons may come and under the garb of such situation taking advantage thereof may avail opportunity of writing the examination which they are not supposed to do, the Board would be at liberty to hold an inquiry regarding the

Patna High Court CWJC No.1943 of 2017 dt.13-02-2017 credentials of the petitioner and his result would only be declared if nothing is found against him.

Accordingly, this writ petition stands disposed of. (Dr. Ravi Ranjan, J.) Vikash/- AFR/NAFR NAFR CAV DATE NA Uploading Date 13.02.2017 Transmission Date NA