Garima Anand v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17463 of 2018 ====================================================== Garima Anand, D/o Shri Janardan Prasad Yadav, R/o Ward NO. 2, Dharhari, P.S.- Chhauradano Purba, Distirct- East Champaran, Bihar- 845302. ... ... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Department of Education, Govt. of Bihar, Patna.

2. The Director, Department of Education, Higher Secondary, Govt. of Bihar, Patna.

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

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

5. The Examination Controller, Bihar School Examination Board, Patna.

6. The Principal Shivshankar Naval Kishori College, Shankarbagh Farm Premises, Chhamadano, East Champaran.

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

For the Petitioner/s :

Mr. Rakesh Kumar For the Respondent/s :

Mr. Smt. Binita Singh - SC-28 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 14-12-2018 The petitioner had appeared for Intermediate ( 10+2) Examination, 2017 held by the Bihar School Examination Board. With a grievance that her result has been unnecessarily withheld by the Bihar School Examination Board, this writ application was filed. During the pendency of the writ application, the petitioner's result has been published by the Bihar School Examination Board and she has been declared 'pass'. This aspect is not being disputed.

2. Learned counsel appearing on behalf of the petitioner has, however, submitted that because of unnecessary delay caused by the Bihar School Examination Board in

Patna High Court CWJC No.17463 of 2018(4) dt.14-12-2018 2/3 publication of the petitioner's correct result, the petitioner had to suffer a lot inasmuch as she could not take admission in Bachelor of Agriculture Course in B.H.U, for which she was selected. He contends that the petitioner is entitled to be duly compensated under the orders of this Court.

3. Learned counsel appearing on behalf of the Bihar School Examination Board, on the other hand, has submitted that the OMR-Sheet of the petitioner of the subject in question was found to be haphazardly filled up and therefore, her answersheets of Maths, Physics Paper I and NRB could not be located. Only after filing of the writ application, the Bihar School Examination Board took all possible efforts to locate the answer-sheets whereupon the answer-sheets of mathematics paper could be located and based on her score on the said paper, she has been declared 'pass'.

4. Since the petitioner has approached this Court for a direction to the Bihar School Examination Board to publish the result which grievance has been redressed, no order is required to be passed in that respect.

5. So far as payment of compensation for the loss suffered by the petitioner is concerned, it will be open to the petitioner to approach appropriate forum including by way of

Patna High Court CWJC No.17463 of 2018(4) dt.14-12-2018 3/3 filing a suit to claim compensation.

6. This application stands disposed of.

(Chakradhari Sharan Singh, J) arun/- U