Patna High CourtCWJC/1067/2018disposed

Abhay Kumar Thakur v. The State Of Bihar And ORS

2018-01-19The Chief Justice,Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1067 of 2018 ====================================================== Abhay Kumar Thakur, Son of Late Man Mohan Thakur, resident of House No. E-6, Azad Path, Saristabad, P.O.- G.P.O. Patna, P.S.- Gardanibagh, District- Patna.

... ... Petitioner/s

Versus

1. The State of Bihar, through the Chief Secretary, Govt. of Bihar, Patna.

2. The Principal Secretary, Department of Human Resources, Govt. of Bihar, Patna.

3. The Director, Secondary Education, Govt. of Bihar, Patna.

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

5. The Secretary, Bihar School Examination Board, (Higher Education), Budh Marg, Patna.

6. The Bihar School Examination Board, through its Secretary, (Higher Education) Budh Marg, Patna.

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

For the Petitioner/s :

Mr. Abhay Kumar Thakur, Advocate For the B.S.E.B.

Mr. Lalit Kishore, Sr. Advocate Mrs. Binita Singh, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 19-01-2018 Inter alia contending that 22nd of January, 2018 is a public holiday and on that day certain examinations have been fixed by the Bihar School Examination Board, this Public Interest Litigation has been filed for staying the examination or directing for their postponement.

Sri Lalit Kishore, learned Advocate General representing the Board points out that 22nd of January, 2018 is a working day as notified by the Union of India and even though

Patna High Court CWJC No.1067 of 2018 dt.19-01-2018 2/2 it is a holiday in the State of Bihar but in the discretion the Board has taken a decision to hold the examination on that day. Taking note of the totality of the circumstances and the fact that it is a policy and administrative decision of the Board to take examination, we are not inclined to interfere into such an issue in Public Interest Litigation. The petitioner may bring this fact to the notice of the Board and it would be for the Board to take action in the matter.

With the aforesaid liberty to the petitioner, the matter stands disposed of.

(Rajendra Menon, CJ) (Anil Kumar Upadhyay, J) P.K.P./- AFR/NAFR N.A.F.R.

CAV DATE N.A.

Uploading Date 24.01.2018 Transmission Date