Amanullah v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8539 of 2016 ====================================================== Amanullah Son of Md. Showaib Resident of Village- Siswa Soab, PS Kalyanpur, District East Champaran.
... ... Petitioner/s
Versus
1.
The State Of Bihar through the Principal Secretary, Education Department, Secretariat, Patna 2.
The Director, Primary Education, Bihar Patna. 3.
The Director, Secretary Education Bihar Patna. 4.
The Secretary Bihar, School Examination Board, Patna. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajendra Kumar Jain, Advocate :
Mr. Ajay Kumar Jain, Advocate For the Respondent/s :
Mr.Abbas Haider- SC 16 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL JUDGMENT Date : 02-05-2024 1.
Heard learned counsel for the parties concerned. 2.
The petitioner has filed this writ application for a direction to the respondents to issue marks and publish the result of B.E.T.E.T. (Bihar Elementary Teacher Eligibility Test/ B.S.I.T.E.T. (Bihar Secondary/ Senior Secondary Teacher Eligibility Test)-2011, conducted by Bihar School Examination Board, Patna (hereinafter referred to as "the Board") on 20.12.2011 and 17.02.2012.
3.
The case of the petitioner is that he has participated in the B.E.T.E.T./ B.S.I.T.E.T. test, 2011 but his
2/4 result has not been published for the reasons mentioned as : R1-blank/ invalid booklet number 4.
Learned counsel for the petitioner submits that the reasons mentioned in the on-line result are not clear and further, the Board, vide notification no. 08/2016, gave chance to the candidates to appear in the special test, whose marks were not published in the result due to the reason "Master Without OMR/ Attendance or Absent in Paper". The candidates were directed to submit the photocopy of Admit Card and the result published on the website till 17.03.2016 for appearance in the special test going to held on 09.04.2016 and 10.04.2016.
Learned counsel further submits that the petitioner submitted the required documents in the Office of B.S.E.B., Patna within time but no Admit Card was issued to the petitioner. It is next submitted that if the petitioner has appeared in the test, it is the duty of the Board to publish the result but due to missing of O.M.R. sheets from the Board, the petitioner is being made to suffer. 5.
On the other, learned counsel for the Board submits that result of B.E.T.E.T./ B.S.I.T.E.T. test, 2011 of
3/4 the petitioner was declared with remark as R1 or blank/ invalid booklet number. The special test was conducted by the Board in the year, 2016 for only such candidates, whose OMR sheets were lost or became traceless. In such circumstances, their result has been declared with remark- Master Without OMR/ attendance, which falls under P5 category.
Learned counsel further submits that the OMR sheet of the petitioner was not lost rather his result was published showing remarks either as R1-blank/ invalid booklet number. However, special test was conducted in compliance of the order dated 07.03.2014, passed by this Court in C.W.J.C. no. 20164 of 2012 to give a chance to those students, whose OMR answer sheets were misplaced/ lost.
6.
I have heard learned counsel for the parties and have gone through the materials on record. List of abbreviation has been attached by the respondent- B.S.E.B. in its counter affidavit. From perusal of the same, it appears that R1 stands for blank/ invalid booklet number. The result was published by the B.S.E.B. having the aforesaid remark
4/4 except P5 in the result sheet. Therefore, the contention of the petitioner that a direction be issued to the B.S.E.B. for publication of result is without any basis and is based upon the facts, which do not exist.
7.
In the result, I do not find any merit in this writ application, as such, the same is dismissed.
(Anil Kumar Sinha, J) rinkee/- AFR/NAFR NAFR CAV DATE NA Uploading Date 15.05.2024 Transmission Date NA