IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4986 of 2021
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Raj laxmi Daughter of Ajay Kumar Resident of Village / Mohalla - New Area, Hanuman Nagar, Police Station- Nawada, District- Nawada.
... ... Petitioner/s Versus
1. The State of Bihar, through The Commissioner - Cum- Secretary, Human Resources Development Department, Govt. of Bihar, Patna.
2. The Bihar School Examination Board, Patna through its Secretary, the Bihar School Examination Board, Patna.
3. The Secretary, the Bihar School Examination Board, Patna.
4. The Chairman, the Bihar School Examination Board, Patna.
5. The Examination Controller, the Bihar School Examination Board, Patna.
6. The Principal, Adarsh Higher Secondary School, Sirdala, Block - Sirdala, District- Nawada.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr.Birendra Kumar, Advocate For the Respondent/s : Mr.Madhukar Mishra ( AC to SC 16) For B.S.E.B. : Smt. Binita Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL JUDGMENT Date : 30-10-2023
1. Heard learned counsel for the petitioner, learned counsel for the respondents and learned counsel appearing for the Bihar School Examination Board.
2. The grievance of the petitioner, in this writ application, is for a direction to the Bihar School Examination Board, Patna (hereinafter referred to as "the Board") to issue mark-sheet of Class-Xth (Matric) Examination Result, 2016 in favour of the petitioner namely Raj Laxmi, daughter of Ajay Kumar having registration no. 82056-44815-15 and roll Patna High Court CWJC No.4986 of 2021 dt.30-10-2023 2/4 no. 1601517.
3. Learned counsel for the petitioner submits that the petitioner was a regular student of Adarsh Higher Secondary School, Block-Sirdala, District-Nawada. After completion of study, the petitioner filled up her examination form for appearing in Class-Xth (Matric) Examination, 2016, to be conducted by the Board and accordingly, Admit Card was issued in her favour. The petitioner appeared in Class-X th examination and after completion of examination, respondent no. 2 i.e. the Board published the result of Matric Examination, 2016. The result of the examination was published on the official website of the Board and from perusal of Annexure-2, which is the website copy of the result of the petitioner, it would be evident that the petitioner has passed the said examination with third division. It has further been submitted that the only dispute involved in the present writ application is for supply of original mark-sheet in favour of the petitioner.
4. Ms. Binita Singh, learned counsel appearing for the Board files a counter affidavit and submits that petitioner was not the student of Adarsh Higher Secondary School, Sirdala, Nawada but she was student of Project Lakhan Devi Mathura Girls High School, Sirdala, Nawada. She further submits that Patna High Court CWJC No.4986 of 2021 dt.30-10-2023 3/4 since the School namely Project Lakhan Devi Mathura Girls High School, Sirdala, Nawada was not affiliated, as such, taking into consideration the career of the students, the students studying in the aforesaid School were tagged with Adarsh Higher Secondary School, Sirdala, Nawada under independent category of students. Accordingly, 361 students of the Project Lakhan Devi Mathura Girls High School, Sirdala, Nawada including the petitioner had been recommended for filling up the form of Matric examination from Adarsh Higher Secondary School, Sirdala, Nawada. Lastly, it is submitted that taking in view the larger interest of the students, the result of all examinees of Project Lakhan Devi Mathura Girls High School, Sirdala, Nawada including the petitioner have been issued vide letter no. DP- 257 dated 19.11.2022 and the same has been sent to the Headmaster, Adarsh Higher Secondary School, Sirdala, Nawada with a copy to the District Education Officer, Nawada for needful action in the matter.
5. Heard the parties. Taking into consideration the fact that result of Matric Examination, 2016 pertaining to the petitioner and other candidates have already been published by the Bihar School Examination Board, Patna and also taking into account the fact that the results have been sent to the Adarsh Patna High Court CWJC No.4986 of 2021 dt.30-10-2023 4/4 Higher Secondary School, Sirdala, Nawada vide letter dated 19.11.2022 along with a copy of the same to the District Education Officer, Nawada, the present writ petition is disposed with a direction to the Headmaster of Adarsh Higher Secondary School, Sirdala, Nawada to hand over the original mark-sheet/ result to the petitioner or her guardian, immediately upon payment of requisite fees, if so applicable, after receipt/ production of a copy of this order.
6. The writ petition stands disposed off on the aforesaid terms.
(Anil Kumar Sinha, J) rinkee/-
AFR/NAFR NAFR CAV DATE NA Uploading Date 01.11.2023 Transmission Date NA