Ashok Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16027 of 2016 ======================================================

1. Ashok Kumar Son of Chandra Kishor Bhagat resident of village - Bhawanipur, P.S. Bhawanipur, District - Purnea ( Bihar ) .... .... Petitioner/s

Versus

1. The State of Bihar through its Director Secondary Education, Patna

2. The Bihar Intermedicate Education Council, Patna through its Chairman

3. The Chairman, Bihar Intermedicate Education Council, Patna

4. The Secretary, Bihar Intermedicate Education Council, Patna .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar Singh For the Respondent/s : Mr. Madhaw Pd. Yadav- GP-23 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 22-08-2017 This writ application has been filed seeking direction to the Secretary, Bihar Intermediate Education Council, Patna to issue original certificate of passing of Intermediate examination in Science in the year 1995.

2. This writ application has been filed on 21.09.2016.

3. Learned counsel for the petitioner has submitted that since the provisional certificate was granted in his favour, he did not take steps for issuance of original certificate for all these years. However, even if the petitioner's claim that he had passed the said examination in the year 1995 is to be accepted, no order directing issuance of original certificate in the year 2016 can be issued under writ jurisdiction, there being delay of more than 21

years in approaching this Court.

4. I do not find any merit in this application, which deserves to be dismissed on the ground of delay and latches.

5. This application is, accordingly, dismissed. (Chakradhari Sharan Singh, J) ArunKumar/- U