Rita Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.22340 of 2019 ====================================================== Rita Kumari, aged about 44 years, female, D/o Ram Sagar Pandit, W/o Dibakar Pandit, R/o Village- Birpur, P.s.- Birpur, Distt.- Begusarai. ... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Education Department, Govt. of Bihar, Patna.
2.
The Chairman, Bihar School Examination Board, Patna. 3.
The Secretary, Bihar School Examination Board, Patna. 4.
The Examination Controller, Bihar School Examination Board, Patna. 5.
The Principal, S.D.S.K., Girls High School, Singhiya Ghat, Begusarai. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ravindra Kumar, Adv.
For the State :
Mr. Hitesh Suman, AC to SC-13 For the BSEB :
Mr. Ajay Bihari Sinha, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL JUDGMENT Date : 03-02-2020 Heard Mr. Ravindra Kumar, learned Advocate for the petitioner, Mr. Hitesh Suman, learned counsel for the State and Mr. Ajay Bihari Sinha, learned Advocate for the Bihar School Examination Board.
2. The petitioner has approached this Court for a direction to the Bihar School Examination Board (in short the
2/4 Board) for correcting the name of the petitioner in the tabulation register chart of the matriculation examination, which was conducted in the year 1992.
3. It is the case of the petitioner that after passing the matriculation examination some times in the year 2006, she obtained a job as a Block teacher. However, later an F.I.R. was registered against her alleging that her educational qualification is not genuine as there is a mismatch in the name of the petitioner in the tabulation chart maintained by the Board.
4. Mr. Ravindra Kumar, learned Advocate for the petitioner has drawn the attention of this Court to the admit card, marks-sheet and the certificate issued by the Board which conclusively indicate that the petitioner had passed the matriculation examination. The tabulation register is never handed over to a candidate and remains in the archives of the Board. If there is any mismatch in such tabulation register, the petitioner cannot be faulted for the same. Unfortunately, it has been urged, the petitioner is facing investigation after the institution of the F.I.R. against her
3/4 and has also lost her job.
5. Under the aforesaid circumstances, the present petition has been filed for a direction to the Board for the correction in the tabulation register chart.
6. Mr. Ajay Bihari Sinha, learned Advocate for the Board submits that the Board would have no difficulty in verifying the matter from the records if a requisite application in that regard is made before it by the petitioner within a period of four weeks from today. In that case, the entire records shall be verified and if it is found that the admit card, marks-sheet and the certificate issued to the petitioner by the Board are genuine, then perhaps a decision shall be taken with respect to the correction in the tabulation chart and if not, that decision also shall be communicated to the petitioner forthwith.
7. The aforesaid stand of the Board appears to be absolutely justified.
8. Should the petitioner made a requisite application before the Secretary, Bihar School Examination Board within a period of four weeks from today, imploring
4/4 the Board to verify the records with respect to mismatch in her name in the tabulation chart, the same shall be acted upon by the Secretary, who, after verifying the records, shall pass a reasoned order, which shall be communicated to the petitioner forthwith. Such decision shall be taken within a further period of six weeks of the receipt of such application by the petitioner.
9. With the aforesaid observation/direction, the writ petition stands disposed off.
(Ashutosh Kumar, J) Praveen-II/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 04.02.2020 Transmission Date N/A