← Library
Patna High CourtCWJC/25255/2019disposed

Pallavi (Minor) v. The State Of Bihar

2019-12-17Mr. Justice Prabhat Kumar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.25255 of 2019 ====================================================== Pallavi (minor) D/o Sanjay (S/o Sri Ramchandra Prasad), Resident of Station Road, PO and PS- Fathua, Dist Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Ministry of Education, Patna.

2.

Chairman, Bihar School Examination Board, Patna. 3.

Secretary, Bihar School Examination Board, Patna. 4.

Controller of Examination (Higher Intermediate), Bihar School Examination Board, Patna.

5.

Principal, Sant Kabir Mahant Vidyanand College, Fathua, District Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjan Kumar Sinha, Adv.

For the State :

Mr.Ashutosh Ranjan Pandey ( Aag15 ) For the Board : Mr. Manish Kumar, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 17-12-2019 Heard both sides.

Petitioner filed this writ petition for a direction to the Secretary, Bihar School Examination Board for issuance of admit card to the petitioner after accepting her form to appear at Intermediate Examination, 2020.

Learned counsel for the petitioner submits that the petitioner is a regular student of Intermediate of Science in Sant Kabir Mahant Vidyanand College, Fatua. The petitioner passed the sent up test. The petitioner sent online application for issuance of dummy admit card but the same was not issued. It appears from perusal of Annexures, 4, 5 and 6 that the

Patna High Court CWJC No.25255 of 2019(2) dt.17-12-2019 2/3 application form of the petitioner was not sent to the Bihar School Examination Board in time. The date of submission of application form was extended from 24.09.2019 to 26.09.2019 but the college did not transmit the application form even during extended period for submission of examination form. The father of the petitioner filed representation before the Secretary, Bihar School Examination Board on 26.11.2019 to consider the case of the petitioner and allow her to appear at the Intermediate examination to be conducted in the year 2020 for Sessions 2018-20 after accepting her form with requisite fees and late fine.

Learned counsel for the Bihar School Examination Board submits that the petitioner is at fault and the examination form has not been submitted to the Bihar School Examination Board even during extended period for submission of examination form with late fine. Now the petitioner has already filed representation which is pending before the Secretary, Bihar School Examination Board and the Secretary may be directed to dispose of the representation of the petitioner in accordance with law.

Having considered the submissions of both sides, I dispose of the writ petition with a direction to the Secretary,

Patna High Court CWJC No.25255 of 2019(2) dt.17-12-2019 3/3 Bihar School Examination Board to dispose of the representation of the petitioner within two weeks from the date of receipt of this order and if at all law permits to allow the petitioner to appear at the examination even after submission of her examination form with late fine, the Secretary, Bihar School Examination Board may consider the case of the petitioner and pass order in accordance with law.

With the aforesaid direction, this writ petition is disposed of.

(Prabhat Kumar Jha, J) Harish/- U