Vijay Kumar Choudhary v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6543 of 2008 =========================================================== Vijay Kumar Choudhary, Son Late Bhuwneshwar Chaudhary, Resident of Village - Bachhwara, P.S. - Bachhwara, District - Begusarai .... .... Petitioner/s

Versus

1. The State of Bihar through the Chief Secretary, Old Secretariat, Patna

2. The Principal Secretary, Department of Education & Training, Government of Bihar, Patna

3. The Bihar School Examination Board, through its Secretary, Bihar, Patna-17

4. The Secretary, Bihar School Examination Board, Patna

5. The Principal, Tirhut College of Physical Education, Muzaffarpur .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s :

Mr. ANIL KUMAR For the Respondent/s : Mr. Sunil Kumar Mandal For the NCTE:

Mr. S. N. Pathak =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 20-07-2015 *************** 20.07.2015 None for the petitioner.

Counsel for the Examination Board, however, is present. Even earlier matter was adjourned in absence of the counsel for the petitioner.

Writ application has been filed for a direction upon the respondent-Bihar School Examination Board to issue a certificate of teachers training course (physical) since he claims that he passed the said examination as a regular student from Tirhut College Of Physical Education, Muzaffarpur held in the year 1982. Petitioner is aggrieved by the inaction on the part of the

Patna High Court CWJC No.6543 of 2008 dt.20-07-2015 2/3 respondents, so that the writ application.

A counter affidavit has been filed on behalf of the Bihar School Examination Board after due service upon the petitioner's counsel. Stand has been taken in the counter affidavit that on verification of records it is evident that the petitioner has tried to obtain a direction on some kind of manipulated or obtained mark-sheet, which does not tally with the records maintained by the Examination Board as would be evident from reading of paragraphs 8 and 9 of the counter affidavit. They seriously deny the authenticity of Annexure-1. The so called mark-sheet annexed by the petitioner.

The other serious aspect or objection is that such a writ application has been filed after 25 years of so called passing of the examination. No bona fide candidate would have slept over this issue for such a long time. Obviously, he was under the impression that the longer the period elapses between the conduct of examination undertaken by him, better are the chances that the respondent-authorities may not be in a position to seriously dispute the fact as chances of record getting lost or misplaced is better.

Such stale claims are not bona fide and are not required to be entertained.

Patna High Court CWJC No.6543 of 2008 dt.20-07-2015 3/3 Writ application is dismissed, especially when there is no rebuttal to the stand taken by the Examination Board.

(Ajay Kumar Tripathi, J.) SKM/- U