Deep Raj Singh v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11691 of 2018 ====================================================== Deep Raj Singh, Son of Sri Ratneshwar Singh, resident of Village - Sikandarpur, P.S. - Maharajganj, District Siwan. ... ... Petitioner/s

Versus

1.

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

2.

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

For the Petitioner/s :

Mr. Ramchandra Sahni For the Respondents/BSEB:

Mr. Satyabir Bharti Ms. Aparna Arun Mr. Alok Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL JUDGMENT Date : 19-07-2018 The petitioner had appeared for Intermediate Examination, 2018, held by the Bihar School Examination Board. He has been declared 'fail'. He is seeking direction to the respondent to produce answer sheets of the subjects- physics and chemistry, as according to the petitioner, the marks awarded to him in those subjects is much less than his expectations on the basis of his performance in the examination. It is his contention that the petitioner has cleared JEE (Mains) Examination and JEE (Advanced) Test held in the year 2017 and 2018 and, therefore, the

Patna High Court CWJC No.11691 of 2018 dt.19-07-2018 2/3 evaluation made by the Bihar School Examination Board is suspicious.

The petitioner admits that he had appeared in the Intermediate Examination held by the Board in 2017 also, in which he had failed. He had applied for a scrutiny, but except that the marks scored by him in 2017 in Physics was changed from 29 to 30, no alteration in other papers was found to be required by the Board. This time also, the petitioner has been declared failed with his score in Physics as 17 and Chemistry as 15. Merely on the ground of the petitioner's performance in the Joint Entrance Examination, no inference can be drawn that the performance of the petitioner in Intermediate Examination has not been duly evaluated. There is no clinching material on record, which would have convinced this Court to issue direction asking the Board to produce the said answer sheets. The petitioner claims to have applied for supply of the answer sheets under the Right to Information Act. It has been stated in the counter affidavit on behalf of the Board that his answer sheets would be supplied to him within three weeks from today.

In view of the statement, which has been made in the counter affidavit and considering the reliefs sought in the present

Patna High Court CWJC No.11691 of 2018 dt.19-07-2018 3/3 writ application, I do not find a case for issuance of direction as sought is made out.

This application is accordingly dismissed.

(Chakradhari Sharan Singh) Pawan-Ragini AFR/NAFR N.A.F.R.

CAV DATE N/A Uploading Date 24.07.2018 Transmission Date N/A