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Patna High CourtCWJC/8407/2017allowed

Nutan Kumari v. The Chairman, Bihar School Examination Board, Patna And ORS

2018-11-28Mr. Justice Chakradhari Sharan Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8407 of 2017 ====================================================== Nutan Kumari D/o Sri Ram Kumar Jha resident of Village + P.O. - Hathouri, Via - Hayaghat, District - Darbhanga.

... ... Petitioner/s

Versus

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

2. The Secretary, Bihar School Examination Board, Patna.

3. The Examination Controller, Bihar School Examination Board, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kumar Singh Mr. Parmeshwar Vishwakarma For the Respondent/s :

Mr. Partha Sarthy ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 28-11-2018 The petitioner claims to have passed Bihar Elementary Teacher (Training) Eligibility Test, 2017. Her name is Nutan Kumari as mentioned in the certificates issued by the Bihar School Examination Board of having passed Secondary School Examination and Senior Secondary School Examination. It is her case that mistakenly while filling up the application form for Bihar Elementary Teacher (Training) Eligibility Test, 2017, she added surname of her husband 'Pathak'. Similar mistake she committed while entering the name of her mother inasmuch as in place of 'Meena Devi, she entered 'Meena Devi Jha' , 'Jha' is surname of her father. There is another mistake in respect of the entry against Teacher Training Qualification for Paper-I. Instead of '2017' as the year of appearance, she entered

Patna High Court CWJC No.8407 of 2017(5) dt.28-11-2018 2/3 '2015' of the two years D.El.Ed. Examination. A counter affidavit has been filed on behalf of the Bihar School Examination Board asserting that the petitioner was given repeated opportunities to get the corrections made through online which she failed and, therefore, her application should not be entertained.

Learned counsel appearing on behalf of the petitioner has contended that the petitioner had realized the mistake even before appearing for the examination on 11.06.2017 and she had filed the writ application on 08.06.2017 itself. The case was, however, registered subsequently on 20.06.2017. Whereas I find substance in the stand taken on behalf of the Board that the petitioner ought to have got the mistake corrected online when the opportunities were available to her, considering the minor nature of mistakes, I direct the Secretary, Bihar School Examination Board to make necessary corrections in the certificate issued by the Bihar School Examination Board by removing 'Pathak' from the petitioner's name and 'Jha' from the name of petitioner's 'Mother'. So far as the year of appearing in two years D.El.Ed. Examination is concerned, upon being satisfied about the petitioner's claim, the Bihar School Examination Board shall make necessary corrections in

Patna High Court CWJC No.8407 of 2017(5) dt.28-11-2018 3/3 the certificate.

This order I am passing because of the nature of the mistakes said to have been committed by the petitioner which have been brought to his Court's notice.

This order should not be treated as precedent, which has been passed in the peculiar facts and circumstances of the case to avoid any further delay in this regard. The correction must be done within two months from the date of receipt/production of a copy of this order.

This application is allowed.

(Chakradhari Sharan Singh, J) arun/- U