Md. Naqueeb Haidar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3599 of 2018 ====================================================== Md. Naqueeb Haidar, son of Anis Haider, resident of village Semraha, P.s. Rajepur, District East Champaran ... ... Petitioner/s

Versus

1. The State Of Bihar through the Director, Secondary Education, Government of Bihar, Patna

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

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

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

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

For the Petitioner/s :

Mr. Md. Anisur Rahman For the State :

Mr. Madhaw Prasad Yadav -GP 23 Ms. Meera Singh, AC to GP 23 For the BSEB :

Mr. Partha Sarthy ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 11-04-2018 After having seen the counter affidavit filed on behalf of the Bihar School Examination Board, particularly the statements made in paragraphs 6 and 7, it appears that the petitioner's grievance has been redressed during the pendency of this application and corrected mark-sheet has been issued accordingly.

Paragraphs 6 and 7 of the counter affidavit read thus:- "6. That it is submitted that upon perusal of the connected records it had surfaced that although the petitioner has been given total 76 marks in Mathematics subject, but it

Patna High Court CWJC No.3599 of 2018(4) dt.11-04-2018 2/3 was inadvertently that in the mark sheet, 24 marks had been entered against Mathematics. It appears that such mistake had been caused due to non-mentioning of correct marks in the Standard Marks Foil by the examiner concerned at the Evaluation Centre at the relevant point of time in course of generating the said Standard Marks Foil for the purpose of making data and publication of result of the said examination in question.

7. That it was upon the actual facts being noticed that, suo motto, corrective measures had immediately been undertaken and fresh mark sheet had been issued in favour of the petitioner by not only awarding the actual mark in consonance with the marks awarded in the Mathematics subject answer book of the petitioner, but also with eight (8) additional marks, which had been awarded to all examinees on account of wrong questions."

In such view of the matter, this application has become infructuous and is, accordingly, disposed of. It is, however, observed that the Bihar School

Patna High Court CWJC No.3599 of 2018(4) dt.11-04-2018 3/3 Examination Board must ensure that necessary corrections are entered in the original records also of the Board, if not already entered.

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