Jyoti Kumari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9301 of 2015 =========================================================== Jyoti Kumari Daughter of Sri Shambhu Prasad Sah, resident of Village/MohallaRatanapatti, P.O. Subhankarpur, P.S.- Sadar Darbhanga, District- Darbhanga. .... .... Petitioner

Versus

1. The State of Bihar.

2. The Principal Secretary, H.R.D. Bihar, Patna.

3. The Secretary Bihar School Examintion Board, Bihar, Patna.

4. The Principal, District Institute of Education and Training (DIET) Quilaghat, Darbhanga.

.... .... Respondents =========================================================== Appearance :

For the Petitioner :

Mr. Gagan Deo Yadav, Advocate For the State :

Mr. Kundan Bahadur Singh, S.C.22 For B.S.E.B.

:

Mr. Sanjeev Kumar, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 01-03-2016 The only reason why the result of the petitioner has not been declared despite participation in the examination and her registration has been cancelled by the Principal of District Institute of Education and Training (DIET), Quilaghat, Darbhanga is said to be that the petitioner was less than 18 years of age at the time of admission.

Similar matters had travelled to the Court and now a policy decision has been taken by way of Resolution No.414, dated 16.07.2014 issued under the signature of Sri Sunil Kumar Singh, the Joint Secretary, Department of Education, Government of Bihar. The State Government has decided to permit such students to go through, even at the age of 17 years, keeping in mind

Patna High Court CWJC No.9301 of 2015 dt.01-03-2016 2 / 2 the direction issued in the case of Shiwani Kumari & Ors. vs. B.S.E.B. & Ors. (CWJC No.11125 of 2013) and other analogous cases decided on 16.04.2014.

In view of the above resolution, the writ application is allowed. Annexure-2 dated 31.05.2014 is quashed with a direction upon the Principal of DIET, Quilaghat, Darbhanga that now the result of the petitioner would be declared preferably within a period of six weeks from the date of production of a copy of this order. (Ajay Kumar Tripathi, J.) Sanjay/- U