Patna High CourtCWJC/3950/2017disposed

Abha Kumari v. The State Of Bihar And ORS

2018-04-02Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3950 of 2017 =========================================================== Abha Kumari, Daughter of Sri Arvind Singh, resident of Deepak Dairy Farm, North Anandpuri, Boring Canal Road, Patna, P.S. Srikrishnapuri, Patna, District- Patna. at present residing as wife of Bhola Lal Singh, Near Kali Mandir, Bank Colony, Gosaidih, P.O. K.G. Ashram, Govindpur Dhanbad, P.S.- Govindpur, DistrictDhanbad (Jharkhand). .... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Principal Secretary, Department of Education, Govt. of Bihar, Patna.

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

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

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

6. State Council of Education of Research & Training, Bihar through its Director, Patna.

7. Director, State Council of Educational Research & Training (SCERT)-cum-Coordinator, Bihar Elementary Teacher Eligibility Test (BETET) 2011, Patna. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Subash Kumar, Advocate For the Respondent/s : Mr. Shankar Kr. Thakur, AC to GP-27 =========================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date: 02-04-2018 Heard learned counsel for the petitioner and State as well as Mr. S. A. Alam, learned counsel for the Bihar School Examination Board.

2. The only controversy in the writ application is whether the petitioner is over age or not. In case, the petitioner is over age, the respondent Bihar School Examination Board has no obligation to publish the result, but in case, it is found that the petitioner is not over age, the Board is under obligation to publish the result of the TET examination of the petitioner conducted by the

Patna High Court CWJC No.3950 of 2017 dt.02-04-2018 2/2 Board. Final decision in this regard must be taken by the Board within a period of 60 days from the date of receipt/production of a copy of this order.

3. It is made clear that if the petitioner is found over age and as such rendered ineligible, the result of the petitioner would not be published, otherwise the same may be published within the time frame as indicated herein above.

4. The petitioner is granted liberty to file exhaustive representation addressed to the Chairman of the Board within a period of one month along with a copy of this order and the Chairman of the Board shall examine the case of the petitioner and pass appropriate order.

5. With the aforesaid, the writ application stands disposed of.

(Anil Kumar Upadhyay, J) Uday/- AFR/NAFR NAFR CAV DATE NA Uploading Date09.04.2018 Transmission Date