Rajesh Kumar v. The Bihar School Examination Board

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10274 of 2025 ====================================================== Rajesh Kumar, Son of Dayanand Singh, Resident of Ward No.- 3, Khurhan Milik, P.S.- Alamnagar, District- Madhepura (Bihar). ... ... Petitioner/s

Versus

1.

The Bihar School Examination Board Patna through its Chairman. 2.

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

The Secretary, Bihar School Examination Board, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Saket Tiwary, Adv.

For the Respondent/s :

Mr. Ajay, Sr. Adv.

Mr. Rakesh Kumar Ranjan, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 11-09-2025 Heard the parties.

2. The petitioner on being aggrieved with the inaction of respondent-Bihar School Examination Board (for short 'the Board') has invoked the jurisdiction of this Court seeking a direction to issue the certificate of Intermediate Examination, as the petitioner had passed the same from Veer Kunwar Singh College, Rajendra Nagar, Patna, in the year 1995, but no certificate has been issued till date.

3. Learned Advocate for the petitioner submitted that the petitioner took admission in the Intermediate Science in Veer Kunwar Singh College in the Academic Session 1993-1995. Having granted registration bearing registration no. PT 48079/95, the petitioner appeared in the I.Sc. Examination and

Patna High Court CWJC No.10274 of 2025(2) dt.11-09-2025 2/3 passed in 1st Division with Roll Code 1144 and Roll No.10524. Notwithstanding the aforesaid fact, till date the original certificate of having passed the Intermediate Examination (Science) has been issued. The petitioner approached before the Board to obtain his intermediate certificate; however, he was informed that since there was some pending C.B.I. enquiry, the certificate cannot be issued.

4. Learned Advocate for the petitioner narrating the aforesaid facts has contended that one identically situated student of the afore-noted College had approached this Court in C.W.J.C. No.8431 of 2007, which came to be disposed off vide order dated 12.12.2007, with a direction to the respondent authorities to issue original certificate. The Board, being aggrieved with the order, preferred L.P.A. No.135 of 2008, which was disposed off with modification that the certificate issued by the respondents will be subject to final conclusion of the C.B.I. enquiry and any criminal case may be lodged in the light of the report of the C.B.I. The order of the learned Division Bench was also questioned in SLP(C) No.21841 of 2009, but no interference was made. Under similar circumstance, a learned co-ordinate Bench of this Court in C.W.J.C. No.2775 of 2019, had directed the respondent authorities to issue the certificate of

Patna High Court CWJC No.10274 of 2025(2) dt.11-09-2025 3/3 Intermediate to another student; all these orders have been placed on record as Annexures-P/5 series and P/6 to the writ petition.

5. Learned Advocate for the Board prays for a short adjournment to apprise this Court with regard to the present position.

6. Having considered the submissions advanced by the learned Advocate for the respective parties and taking note of the order(s) passed by this Court, it would be apt and proper to dispose off the present writ petition with a direction to respondent no.3, to consider the claim of the petitioner in the light of the decisions referred hereinabove and pass appropriate order in accordance with law, preferably within a period of two months from the date of receipt/production of a copy of this order.

7. The writ petition stands disposed off with the aforesaid direction.

(Harish Kumar, J) rohit/- U