Kalpana Shankar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17837 of 2019 ====================================================== Kalpana Shankar Daughter of Sri Rama Shankar Mishra, Wife of Sri Awadhesh Kumar Pandey Resident of Ward No. 10 (present), Old Ward No. 7, Subhash Nagar at P.O. and P.S. and District- Chandauli, (U.P.), Pin code232104. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Principal Secretary Education Department, Government of Bihar, Patna. 3.

The Director Primary Education, Bihar, Patna. 4.

The District Education Officer Buxar.

5.

The District Programme Officer (Establishment) Buxar. 6.

The Block Development Officer Brahmpur Block, Buxar. 7.

The Block Education Officer Brahmpur Block, Buxar. 8.

The Bihar School Examination Board (Higher Secondary) Through its Secretary, Budha Marg, Patna.

9.

The Chairman Bihar School Examination Board, Budha Marg, Patna. 10.

The Secretary Bihar School Examination Board, Budha Marg, Patna. 11.

The Director State Council for Research Education and Training (SCERT), Bihar, Patna.

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

For the Petitioner/s :

Mr. Rakesh Narayan Singh, Advocate For the State :

Mr. Umesh Narayan Dubey, G.P. 27 For B.S.E.B.

:

Mr. Arshad Alam, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 03-09-2019 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel appearing on behalf of the Bihar School Examination Board.

The grievance of the petitioner in the present writ application is that the surname of the father of the petitioner has not been mentioned in the certificate of B.E.T.E.T. 2011, and as

Patna High Court CWJC No.17837 of 2019(2) dt.03-09-2019 2/3 such the petitioner is adversely affected.

Mr. Rakesh Narayan Singh, learned counsel for the petitioner, would submit that the father's name of the petitioner is 'Rama Shankar Mishra' but the certificate of the petitioner carries the father's name of the petitioner as 'Rama Shankar' instead of 'Rama Shankar Mishra'.

Mr. Arshad Alam, learned counsel for the Bihar School Examination Board, would submit that the petitioner has accepted the certificate when it was issued and now she has approached this Court instead of approaching the Bihar School Examination Board for such correction.

Considering the nature of the correction sought for by the petitioner in the present writ application, for ends of justice, the Court deem it necessary to the Examination Board to verify the records as to whether the name of the father of the petitioner is 'Rama Shankar' or 'Rama Shankar Mishra'. If in the record available with the Bihar School Examination Board, it is found that the name of the father of the petitioner is 'Rama Shankar Mishra', then clerical error as to omission of 'Mishra' should be corrected by the Bihar School Examination Board at the earliest, preferably within a period of 60 days from the date of receipt/production of a copy of this order. Based on such

Patna High Court CWJC No.17837 of 2019(2) dt.03-09-2019 3/3 correction, the petitioner may be at liberty to approach the competent authority for relief in the nature of payment of salary. With the aforesaid, the present writ application stands disposed of.

(Anil Kumar Upadhyay, J) uma/- U