Md. Misbahul Islam v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3732 of 2017 ====================================================== Md. Misbahul Islam, aged about 38 years, S/o Late M.D. Hanif, Resident of Village+ P.O.- Dehti, P.S. Palasi, District- Araria. ... ... Petitioner/s

Versus

1. The State of Bihar through Principal Secretary, Education Department, Bihar, Patna.

2. Bihar School Examination Board (Higher Secondary) through its Chairman.

3. Bihar School Examination Board (Higher Secondary) through its Secretary.

4. Central Bureau of Investigation, through its Superintendent of Police, Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajendra Prasad Singh Mr. Gyanendra Kumar Mr. Rajeev Kumar Singh For the State :

Mr. Prabhat Ranjan Singh, AC to AAG 15 For the Board :

Mr. Sunil Kumar Mandal For the CBI :

Mr. Sanjay Kumar, SC (CBI) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 07-05-2018 The writ application has been filed seeking direction to the respondents-Bihar School Examination Board to correct the name of the petitioner, which, according to him, has been wrongly entered in his mark-sheet and provisional certificate of having passed Intermediate (Science) Examination, held by the erstwhile Bihar Intermediate Education Council, Patna, in 1995. This application has been filed 22 years after the said examination was held and result was published in 1995. The petitioner claims that he had passed the said examination in the first division. His correct name is Md. Misbahul Islam; whereas, his name in the mark-sheet and provisional certificate has been

Patna High Court CWJC No.3732 of 2017(5) dt.07-05-2018 2/2 typed as Md. Moidahedul Islam.

Serious dispute has been raised over the genuineness of the institution, i.e. Veer Kunwar Singh College, Patna, where the petitioner claims to have studied up to Intermediate level, to the extent of registration of a criminal case by the Central Bureau of Investigation. It is the petitioner's case that on the basis of said provisional certificate, he obtained B. A. (History Hons), M. A. (History) and L.L.B. degrees also from the Patna University, Patna.

In view of serious allegations which have been made in the counter affidavit/supplementary counter affidavit filed on behalf of the Bihar School Examination Board, which is the successor body of Bihar Intermediate Education Council, Patna, I am not inclined to entertain this writ application filed nearly 22 years after passing of the said examination, in 1995. On the ground of delay and latches and other attending circumstances, this writ application cannot be entertained and is, accordingly, dismissed.

(Chakradhari Sharan Singh, J) Prabhakar Anand/- U √