Anisha Kumari v. The Bihar School Examination Board Through Its Secretary And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16271 of 2017 ====================================================== Anisha Kumari, Daughter of Subhash Ray, Resident of Sadakat Ashram, Indra Ghat, P.S.- Patliputra, District- Patna. ... ... Petitioner/s

Versus

1. The Bihar School Examination Board through its Secretary, Patna.

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

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

4. The Principle, Asha Sinha Memorial (Highe Secondary) School, Dariapur, Sonpur (Saran).

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

For the Petitioner/s :

Mr. Shashi Bhushan Kumar Mrs. Arti Kumar, Advocates For the Respondent/s :

Mr. Gyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 12-02-2018 Heard learned counsel for the parties.

2. The facts are not in dispute. The petitioner had appeared for Intermediate (Commerce) Examination, 2016, held by the Bihar School Examination Board. Her result was published but it was shown as 'incomplete'. The petitioner applied for scrutiny.

3. It appears from the counter affidavit filed on behalf of the Bihar School Examination Board that the evaluation centre, for the reasons unknown to the Board, did not send the marks foil showing marks awarded to the petitioner in Economics subject. It was in that background that the petitioner's result was shown 'incomplete'. It was only

Patna High Court CWJC No.16271 of 2017(6) dt.12-02-2018 2/3 upon submission of application for scrutiny, the Board started examining the matter. The petitioner's answer-sheet could not be traced out and accordingly, under the advice of the Three-man Committee constituted by the Board, the petitioner's result has now been published by awarding her average marks and she has, accordingly, been declared 'pass' with second division. Communication in this regard has been made in January, 2018.

4. It is, thus, admitted that for no fault of the petitioner, she was deprived of the result of her Intermediate examination right from 2016. Now, though her grievance has been redressed by the Bihar School Examination Board with the efforts made, I am of the view that this writ application deserves to be disposed of but with cost by way of compensation.

5. In the facts and circumstances of the case, I direct the Board to pay to the petitioner an amount of Rs. 10,000/- (ten thousand), which I consider to be it fit in the facts and circumstances of the case by way of compensation. The said amount must be paid within three months from the date of receipt/production of a copy of this order.

6. The Board shall be at liberty to recover the said

Patna High Court CWJC No.16271 of 2017(6) dt.12-02-2018 3/3 amount of Rs. 10,000/- (ten thousand) from the person responsible for the petitioner's answer-book being misplaced.

7. This disposes of the application.

(Chakradhari Sharan Singh, J) arun/- U