Raj Laxmi vs The State Of Bihar, Through The ...
2023 Latest Caselaw 5446 Patna

           IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.4986 of 2021
     ======================================================

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

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

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

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