Rajesh Kumar v. The Bihar School Examination Board, Patna
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10291 of 2025 ====================================================== Rajesh Kumar Son of Late Sita Ram Singh Resident of Village and Post Office- Rampur, Police Station- Suryagarha, District- Lakhisarai presently Senior Assistant Teacher in Rameshwar 10 Plus 2 High School, Balgudar, Police Station- Lakhisarai, District- Lakhisarai. ... ... Petitioner/s
Versus
1.
The Bihar School Examination Board, Patna through Secretary, having its Office at Sinha Library Road, Patna.
2.
The Chairman, Bihar School Examination Board, Patna. 3.
The Controller of Examination (Secondary), Bihar School Examination Board, Patna.
4.
The District Education Officer, Lakhisarai.
5.
The District Programme Officer, Secondary Education, Lakhisarai. 6.
The State of Bihar, through D.M. Lakhisarai.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Arun Kumar, Advocate For the Respondent/s :
Mr.Standing Counsel (4) For the BSES :
Mr. Siddhartha Prasad, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 07-07-2025 Heard Mr.Arun Kumar, learned counsel appearing on behalf of the petitioner; learned SC 4 for the State and Mr. Siddhartha Prasad, learned counsel for the BSES.
2. Petitioner has inter alia prayed for following reliefs in the paragraphs No.1 of the writ petition:- "(i) For issuance of a writ in the nature of certiorari setting aside the impugned order bearing Memo No. 1934 dated 20.11.2024 (Annexure-P/6) issued under the signature of Respondent No. 3 whereby and whereunder in gross violation of Principle of Natural Justice without serving the enquiry report of unfair means Enquiry Committee constituted from the level of Respondent Board itself as also without asking any explanation or affording an opportunity to the petitioner
Patna High Court CWJC No.10291 of 2025(2) dt.07-07-2025 2/3 to place his defence unilaterally order has been passed to lodge First Information Report against the petitioner also in capacity of Centre Superintendent of Secondary Annual Examination 2024 held by the Board alongwith the beneficiary student whose annual Secondary Examination result was cancelled causing prejudice and affecting the service career of the petitioner without any fault on his part.
(ii) For further setting aside the communication vide Letter No. 699 dated 24.04.2025 (Annexure-P/8) issued under the signature of Respondent No. 3 whereby and whereunder claim of petitioner for review of order dated 20.11.2024 has also been rejected without considering the plea taken by the petitioner in mechanical manner.
(iii) For further direction upon the concerned Respondents not to give effect the impugned order dated 20.11.2024 as well as 24.04.2025 till final adjudication of the present case.
(iv) Any other order/orders for granting any other relief/reliefs for which petitioner is found entitled to in the facts and circumstances of the case"
3. From the facts and information contained in various paragraphs of the writ petition, I find that irregularities were committed in matriculation examination, 2024. A committee was constituted by the District Education Officer, Lakhisarai, which consisted of four members i.e., District Programee Officer, Secondary Education, Lakhisarai, Block Education Officer, Chanan, the petitioner and the headmaster of school, namely, Upgraded High School, Vasuachak, Chanan, however, the report was submitted by two members for taking appropriate action by the District Education Officer. Parties have informed that no action has been taken by the District Education Officer against the petitioner based on the said report. I find that
Patna High Court CWJC No.10291 of 2025(2) dt.07-07-2025 3/3 the writ petition is premature, as petitioner is not prejudiced in any manner.
4. The writ petition is, accordingly disposed of. (Purnendu Singh, J) Sanjay/- U