Ragini Kumari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4894 of 2018 ====================================================== Ragini Kumari, daughter of Birendra Kumar Chaudhary, Mohalla Gardanibagh, Quarter No. 12, Room No. 5, Police Station Gardanibagh, District Patna ... ... Petitioner

Versus

1. The State Of Bihar through the Secretary, Secondary Education, Bihar, Patna

2. The Bihar School Examination Board, through its Administrator, Bihar School Examination Board, Patna

3. The Secretary, Bihar School Examination Board, Patna

4. The Principal/headmaster, Dayanand Kanya Vidyalaya, Mithapur, P.O. -GPO, P.s.- Jakkanpur, District Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bhim Sen Prasad For the State :

Mr. Kameshwar Kumar -GP17 Mr. S. K. Ranjan, AC to GP 17 For the BSEB :

Mr. Satyabir Bharti ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 19-03-2018 This is a peculiar situation where the petitioner has been compelled to file a writ application before this Court seeking direction to the authorities to hand over the matriculation certificate to her. The petitioner had passed the matriculation examination in the year 2011 itself. Neither her provisional certificate nor the original certificate of passing of matriculation examination was given to her. She had approached the Principal of the Dayanand Kanya Vidyalaya, Patna, requesting her to make available the certificates through legal notice. The response of the Principal of the said School has been brought on

Patna High Court CWJC No.4894 of 2018(3) dt.19-03-2018 2/3 record by way of Annexure-4 to the writ application, which is dated 09.02.2018. From the explanation of the Principal, by letter, dated 09.02.2018, it appears that because of some dispute between two groups, managing the said School, the certificates were kept under lock and key in one of the alamirahs in the School, which the present Principal was not in a position to open.

Surprised over the state of affairs, the Court had directed the District Education Officer, Patna, to be present in Court, who is present. It appears that with his intervention, the desired certificates have been made available to the petitioner. This is a matter of serious concern where for such petty things, the citizens are compelled to approach the High Court under Article 226 of the Constitution of India. It is the bounden duty of the respondents to ensure that the original certificates and other documents are made available to the examinees immediately after publication of the result, at least, within a reasonable period of time.

While disposing of the present writ application, I direct the District Education Officer, Patna, to take steps to ensure that the candidates, who have passed matriculation or intermediate examination, get their certificates within a reasonable period of

Patna High Court CWJC No.4894 of 2018(3) dt.19-03-2018 3/3 time.

For the said purpose, the District Education Officer, Patna, may issue public notice inviting grievances of the persons who have not been able to receive their certificates of passing matriculation or intermediate examination, as the case may be. Similar direction is hereby issued to the Principal Secretary, Education Department, Government of Bihar, for taking steps in this regard, State wide.

It is indicated that if despite passing of the present order, the candidates are compelled to approach this Court, seeking direction for making available the certificates and other documents, which they are otherwise entitled for, the Court shall take serious view of the matter and will consider imposing exemplary cost against the persons responsible. With the aforesaid observations and directions, this writ application stands disposed of.

Prabhakar Anand/- (Chakradhari Sharan Singh, J) U √