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Patna High CourtCWJC/9389/2017disposed

Mahfooz Alam v. The State Of Bihar And ORS

2017-09-01Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9389 of 2017 ====================================================== Mahfooz Alam, Son of Mahmood Alam, resident of Baghdulhan Hajipur, P.S. and Post-Hajipur, District-Vaishali.

... ... Petitioner/s

Versus

1.

The State of Bihar, through the Principal Secretary, Human Resources Department, Government of BIhar, Patna.

2.

The Chairman, Bihar School Examination Board, Patna. 3.

The Secretary, Bihar School Examination Board, Patna, BIhar. 4.

The District Education Officer, Vaishali at Hajipur 5.

The Principal, L.N. College, Bhagwanpur, Vaishali ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Fakhruddin Ali Ahamad & Md. Mushtaque Alam For the Respondent/s :

Mr. ASHUTOSH RANJAN PANDEY-AAG15 with Mr. Vinay Kumar Mishra, AC to AAG-15 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 01-09-2017 Heard learned counsel for the parties.

The question whether the petitioner was present in the Practical Examination or not is a disputed question of fact, which cannot be decided by this Court in a writ jurisdiction. It will be open to the petitioner to approach the Secretary, Bihar School Examination Board, Patna for redressal of his grievance in relation to publication of his result. The petitioner is said to have preferred such representation on 28.06.2017. The petitioner will be at liberty to pursue the matter before the Secretary of the Board. The Court expects that the Secretary of the Board shall consider the petitioner's representation and

Patna High Court CWJC No.9389 of 2017(2) dt.01-09-2017 2/2 take a final decision within four weeks from the date of receipt/production of a copy of this order.

In no case, this Court can go into such disputed question of facts as to whether the petitioner was present in the Practical Examination or not.

This application stands disposed of.

(Chakradhari Sharan Singh, J) arun/- U