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Patna High CourtCWJC/20214/2018dismissed

Om Prakash Sinha v. The State Of Bihar And ORS

2018-12-05Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20720 of 2018 ====================================================== Jayprakash Sinha son of Dinesh Prasad, Under natural guardian of Dinesh Prasad, Resident of Village- Sasbahana, Post- Ghuskuri, P.S.- Sheikhpura, District- Sheikhpura, Roll No. 18010079.

... ... Petitioner/s

Versus

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

2. The Secretary of Bihar School Examination Board, Patna.

3. The Examination Controller of Bihar School Examination Board, Patna.

4. The Principal of EFNI, High School, Sheikhpura. ... ... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 20214 of 2018 ====================================================== Om Prakash Sinha Son of Dinesh Prasad Resident of Village-Sasbahana,Post Ghuskuri,Arari,P.S. Sheikhpura,Distt.-Sheikhpura,Roll-18010087 ... ... Petitioner/s

Versus

1. The State of Bihar, Through The Principal Secretary, Department of Eduction Govt. of Bihar,Patna

2. The Secretary of Bihar School Examination Board,Patna

3. The Examination Controller of Bihar School Examination Board,Patna

4. The Principal of Kanhai +2 School,Nawadah ... ... Respondent/s ====================================================== Appearance :

(In Civil Writ Jurisdiction Case No. 20720 of 2018) For the Petitioner/s :

Mr. Ranjeet Kumar Mishra For the Respondent/s :

Mr. Madhaw Pd. Yadaw- GP-23 For the B.S.E.B.

:

Ms. Binita Singh (In Civil Writ Jurisdiction Case No. 20214 of 2018) For the Petitioner/s :

Mr. Ranjeet Kumar Mishra For the Respondent/s :

Mr. Jitendra Kr. Roy 1- SC13 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 05-12-2018 A counter affidavit has been filed on behalf of the Bihar School Examination Board in C.W.J.C. No. 20214 of 2018.

Patna High Court CWJC No.20720 of 2018(5) dt.05-12-2018 2/2 Learned counsel for the Board is permitted to make necessary corrections in the counter affidavit, in course of the day.

It has been stated in the said counter affidavit that though the petitioner had applied for scrutiny of his answersheet but he has not deposited the requisite fee prescribed for scrutiny. It has also been stated that if the petitioner applies for the answer-sheet under the Right to Information Act, he shall be supplied the same in accordance with the procedure prescribed therefor. The petitioner is not in a position to dispute the fact that the scrutiny fee could not be paid and admittedly online payment had failed.

In that view of the above-noted facts, the prayer of the petitioner to publish his result of scrutiny of the subjects Physics and Chemistry, cannot be allowed.

This application is, accordingly, dismissed.

For the same reason, C.W.J.C. No. 20720 of 2018 is also dismissed.

(Chakradhari Sharan Singh, J) Ashish/- U