Shashi Bhushan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15073 of 2021 ====================================================== Shashi Bhushan Singh Son of Shyamnandan Singh Resident of Village/Mohalla- Nawada, in front of Dr. Rungta, P.O. and P.S.- Nawada, District- Ara (Bhojpur).

... ... Petitioner/s

Versus

1.

The State of Bihar Through the Chairman, Bihar School Examination Board, Patna, Bihar.

2.

The Secretary Higher Secondary, School Examination Board, Patna. 3.

The Examination Controller Bihar School Senior Secondary Examination Board, Patna.

4.

The Principal K.S. College, Ara, Bhojpur.

5.

The Examination Superintendent Maharaja College, Ara, Bhojpur. 6.

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

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

For the Petitioner/s :

Mr. Surendra Kumar Mishra, Adv.

For the Respondent/s :

Mr. Subash Chandra Mishra ( SC16 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 16-09-2022 Heard the parties through video conferencing. The petitioner has preferred this writ petition stating that he did not know the exact date on which the practical examinations were to be conducted and therefore prevented to appear in the practical examination. Learned counsel submits that the petitioner has already cleared the written examination and therefore he may be given average marks and be allowed to get the result of the examination Intercom session 2019-21. This Court finds that the petitioner was issued admit card for the Intercom examination session 2019-2021, he appeared in the

Patna High Court CWJC No.15073 of 2021(2) dt.16-09-2022 2/2 written examination and secured 311 marks out of 500 but he did not appear in the practical examination in the entrepreneurship. Thus the result of the petitioner was not declared, result of the examination declared as failed. The prayer made by the petitioner that he should be granted average marking because he secured 61% marks in written examination cannot be accepted as it was his duty to have information of the date of practical examination. Contention being raised for a different admit card for practical examination of entrepreneurship should have been issued, is a lame excuse as an admit card is always for the entire examination which includes written as well as practical. The petitioner has chosen not to appear in the practical examination which was conducted between 9th to 18th January 2021, laxity on the party of the petitioner cannot be give him any advantage. The writ petition is wholly misconceived and is accordingly dismissed.

(Sanjeev Prakash Sharma, J) shaswat/- Item No. 12 U