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Patna High CourtCWJC/18548/2017dismissed

Archana Kumari v. The State Of Bihar And ORS

2018-09-12Mr. Justice Chakradhari Sharan Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18548 of 2017 ====================================================== Archana Kumari, Wife of Shri Sanjeet Kumar, Daughter of Shri Kaushlendra Kumar, Resident of Ratanpur Chauk, Ward No.20, P.S.- Ratanpur Aapo, District- Begusarai.

... ... Petitioner/s

Versus

1. The State of Bihar through its Principal Secretary, Human Resource Development Department, Government of Bihar, Patna.

2. The Principal Secretary, HRD Department, Government of Bihar, Patna.

3. The Bihar School Examination Board, through its Secretary, Buddha Marg, Patna.

4. The Chairman, Bihar School Examination Board (Senior Secondary), Budh Marg, Patna. null null

5. The Secretary, Bihar School Examination Board (Senior Secondary), Budh Marg, Patna. null null

6. The Chairman, Bihar School Examination Board (Senior Secondary), Budh Marg, Patna.

7. Project Girls High School, Rajauli, Nawada through its Principal at Rajauli, Nawada.

8. Principal, Project Girls High School, Rajauli, Nawada.

9. G.D. College, represented through its Principal, Begusarai.

10. Principal, G.D. College, Begusarai.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanchay Srivastava Mr. Sourav Suman Mr. Ravi Prakash For the B.S.E.B.

:

Mr. Manish Kumar For the State :

Mr. Apurv Harsh, AC to SC-28 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 12-09-2018 This writ application has been filed seeking a direction to the Bihar School Examination Board to make the petitioner available the certificate of Matriculation, including the mark-sheet, with correct details and certificate of Intermediate Examination with mark-sheet.

The petitioner claims that she passed the

Patna High Court CWJC No.18548 of 2017(7) dt.12-09-2018 2/3 Matriculation Examination in 1995 and Intermediate Examination in 1997. This writ application has been filed on 14.12.2017 i.e. nearly 23 years after she passed Matriculation Examination and 21 years after she passed Intermediate Examination.

From the pleadings in the writ application, I do not find any explanation for inordinate delay in approaching this Court.

This is one aspect of the matter.

Considering the nature of grievance, which the petitioner raised in the present writ application, the Court had proceeded to find out whether the Board upon same facts with respect to the examination, redress the petitioner's grievance. Affidavits and replies have been filed on behalf of the parties. In the second supplementary counter affidavit filed on behalf of the Bihar School Examination Board, it has been stated that there has been manipulation and interpolation in the school's record, where the petitioner claims to have studied. There are so many disputed questions of facts, which cannot be gone into the present proceeding under Article 226 of the Constitution of India.

Learned counsel for the Board is correct in his

Patna High Court CWJC No.18548 of 2017(7) dt.12-09-2018 3/3 submission that on the ground of delay and laches itself, this writ application deserves to be dismissed, which is, accordingly, dismissed.

(Chakradhari Sharan Singh, J) Ashish/- U