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Patna High CourtCWJC/1676/2018dismissed

Nadim Akhtar v. The State Of Bihar And ORS

2018-09-07Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1676 of 2018 ====================================================== Nadim Akhtar, S/o Habibur Rahman, Resident of Village-Marwa, P.S.-Baisi, District-Purnea.

... ... Petitioner/s

Versus

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

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

3. The Principal, Dr. Zakir Hussain, High School, Sultanganj, Patna.

4. The District Education Officer, Patna.

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

For the Petitioner/s :

Mr. Harish Kumar For the Respondent/s :

Mr. Smt. Shilpa Singh- GA-12 Ms. Neetu Jha AC to GA-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 07-09-2018 On the allegation that the petitioner had earlier appeared in matriculation examination in 1995 with the name as 'Gulam Gaus' in which he had failed and subsequently he again appeared in matriculation examination held in the year 1999 by the Bihar School Examination Board with his changed name as 'Nadim Akhtar' and passed the examination, his subsequent result has been cancelled by the impugned decision of the Bihar School Examination Board.

2. A counter affidavit has been filed on behalf of the Bihar School Examination Board narrating in detail the basis leading to specific finding that 'Gulam Gaus' and 'Nadim Akhtar' are names of same person, Son of Habibur Rahman.

Patna High Court CWJC No.1676 of 2018(4) dt.07-09-2018 2/2 There is no reply filed on behalf of the petitioner to the counter affidavit of the Bihar School Examination Board. Thus, the averments made in the counter affidavit stand admitted by applying doctrine of non-traverse.

This application has no merit and it is, accordingly, dismissed.

(Chakradhari Sharan Singh, J) arun/- U