Patna High Court
The Secretary, Bihar School ... vs Gauri Shankar Sharma on 19 March, 2025
Author: Sunil Dutta Mishra
Bench: P. B. Bajanthri, Sunil Dutta Mishra
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.493 of 2022
In
Civil Writ Jurisdiction Case No.2166 of 2019
======================================================
The Secretary, Bihar School Examination Board (Higher Secondary) Patna.
... ... Appellant/s
Versus
1. Gauri Shankar Sharma, Son of Late Prasadi Sharma, Resident of Village-
Sonapur, P.O. and P.S. Hansapur District Begusarai.
2. The State of Bihar.
3. The Central Superintendent of Examination, Project Girls High School
Bakhri, Begusarai.
4. The Principal B.K.S.K.S. Inter College, Gorhpura, Begusarai.
5. The Director, Secondary Education-Cum-First Appellate (State Information
Officer), Bihar, Patna.
6. The Bihar State Information Commission through its Principal Secretary.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Satyabir Bharti, Sr. Advocate
Mrs. Prachi Pallavi, Advocate
For the Respondent/s : Mr. Raj Kamal Singh, Advocate
For the Respondent No. 6 : Mr. Ajay Bihari Sinha, Sr. Advocate
For the State : Mr. Apurva Kumar, Advocate
Mr. Ram Vinay Pd. Singh, AC to GA XII
======================================================
CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
and
HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
CAV JUDGMENT
(Per: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA)
Date : 19-03-2025
The instant appeal has been filed against the
judgment and order dated 12.07.2022 passed by learned Single
Judge in CWJC No. 2166 of 2019 (Gauri Shankar Sharma Vs.
The State of Bihar & Ors.) by which a sum of Rs. 10 lacs has
been awarded as an exemplary compensation to the student
Munmun Sharma who appeared in I.Sc. Examination of year
2012 but her result was declared only on 04.07.2020 i.e. almost
Patna High Court L.P.A No.493 of 2022 dt.19-03-2025
2/6
after 8 years.
2. Munmum Sharma (daughter of Ram Prakash
Sharma) a regular student at B.K.S. Inter College, Gorhpura,
Begusarai appeared in Intermediate (Science) Examination-
2012 conducted by Bihar School Examination Board, Patna. She
was allotted Roll No. 10373, Roll Code No.-8432, Examination
Centre was Project Girl's High School, Bakhri, Begusarai. The
admit card was issued and the examination was to be
commenced from 26.03.2012. She appeared in all the papers
which was required by the candidate to qualify for the
examination. Her final result was not published then she
represented to the Secretary of the Board through the Centre
Superintendent, Project Girls High School, Bakhri who certified
that she appeared in all the papers and her Roll No. and Roll
Code was also indicated. The Principal of B.K.S.K.S. Inter
College, Gorhpura vide letter dated 07.02.2013 also wrote to the
Secretary of the Board whereby it was brought to the notice of
the fact that she has been wrongly shown as absent though
documents showing her appearance in all the papers. The
candidate again represented attaching all the documents on
18.03.2013
before the Secretary of the Board but result was not
published.
Patna High Court L.P.A No.493 of 2022 dt.19-03-2025
3. On 28.07.2017, the RTI application was filed but
no information was given. Due to inaction on the part of
Secretary of the Board, the candidate suffered loss of her career
apart from being subjected to social stigma and deteriorating
condition of health. As a last resort, the appellant approached
this Court and upon notice, the result declared on 04.07.2020
and the appellant has been declared pass with First division.
4. The learned Single Judge allowed the writ petition
and a sum of Rs. 10,00,000/- (Rs. Ten lacs only) awarded to the
student as an exemplary compensation observing that she was
rendered a helpless victim of the actions of the concerned public
functionaries. The relevant paras 7 to 9 of impugned judgment
are reproduced as follows:
"7. The golden period of life of a young
bright girl has been marred on account of the in-action
on part of the Board and its officials, on account of
whose fault the result was not declared. No heed was
paid to the representations made from time to time.
Moreover, the result was declared only after the
initiation of this petition. This susegad approach on part
of the Board has led to the girl's future being pushed
into darkness.
8. I.Sc Board examination is such a juncture
in a lift of a student whereby one makes crucial
decisions in life about the career of choice one wants to
pursue and build a future upon. And in that decision, the
result of the examination is the key to unlock the doors
ahead. The non-declaration of result for a period of 8
years shattered her dreams and further prolonged the
immense sufferings and unfathomable pain of the young
Patna High Court L.P.A No.493 of 2022 dt.19-03-2025
girl. The callous and capricious attitude of the Board
officials not only sabotaged her future but also
compounded to the loss of amenities of life. She was left
with no means in academics to propel her dreams and
aspirations towards empowering her in becoming a lady
with aplomb in this day and age. She was rendered a
helpless victim of the actions of the concerned public
functionaries.
9. It is a case where this Court would invoke
its powers of granting compensation as the valuable
right to life and personal liberty of t he young girl has
been taken away on account of capricious action of the
respondents Board, therefore, a sum of Rs. 10,00,00/-
(Rs. Ten lacs) is awarded to the student as an exemplary
compensation. Though, this Court is of the view that the
same would also not be sufficient as her entire future
has gone in vain and the amount being awarded would
be a small gesture of relief to the young girl for setting
of her future."
5. Learned senior counsel for the appellant submitted
that the result of the concerned candidate was not declared
because complete details of the marks obtained was not
available and also supporting documents such as dispatch memo
and OMR sheet form which the marks of the appellant's
daughter could have been gathered. He further submitted that
writ petition was preferred after 7 years from the year of
examination and inordinate delay in pursuing legal remedies
could not be cured by mere filing representation.
6. He further submitted that the concerned candidate
has not shown what problem she faced and to what extent she
had suffered prejudice and how her future was affected by the
Patna High Court L.P.A No.493 of 2022 dt.19-03-2025
result not being declared. The writ petition namely Gauri
Shankar Sharma is not father of the candidate and direction to
payment of compensation of Rs. 10,00,000/- (Rs. Ten lacs) is
too harsh, liable to be set aside. He further submitted that a four
members Committee was constituted to review and inquire into
the matter and in the larger interest of the concerned candidate,
a decision was taken to publish the result on the basis of average
marking. Against the responsible employee for having delay the
matter relating to finalizing the result, FIR has been lodged and
departmental proceeding started placing under suspension.
7. From the counter-affidavit, it appears that writ
petitioner Gauri Shankar Sharma is father-in-law of Munmun
Sharma and due to inadvertence in place of father-in-law it is
written as father. It is stated that she was suffering from
depression and other ailments and was not able to move
properly, therefore, she requested her father-in-law to file writ
petition. There is no delay on the part of Munmun Sharma/
candidate in approaching this Court rather delay was on the part
of appellant which took almost 8 years in publishing the result.
She did her best for publication of result but the appellant did
nothing except harassing her. There is latches on the part of
appellant in publishing the result of Munmun Sharma for which
Patna High Court L.P.A No.493 of 2022 dt.19-03-2025
they are responsible and therefore, the award of exemplary cost
of Rs. 10,00,000/- (Rs. Ten lacs) is in accordance with law.
8. Considering the facts and circumstances of the case
and conduct of the parties, particularly, delay in publishing the
result by Board and delay in filing the writ petition by petitioner,
compensation of Rs. 5,00,000/- (Rs. Five lacs) appear to be just
and reasonable. Accordingly, compensation amount of Rs.
10,00,000/- (Rs. Ten lacs) in the impugned judgment/order, is
modified to Rs. 5,00,000/- (Rs. Five lacs). The amount shall be
disbursed in favour of Munmun Sharma within a period of three
months, failing which she is entitled to litigation cost of Rs.
20,000/- (Rs. Twenty Thousand).
9. Accordingly, the LPA No. 493 of 2022 stands
disposed of with the aforesaid modification in the impugned
order of the learned Single Judge.
( Sunil Dutta Mishra, J)
(P. B. Bajanthri, J)
(P. B. Bajanthri, J)
khushbu/-
AFR/NAFR NAFR
CAV DATE 05.03.2025
Uploading Date 19.03.2025
Transmission Date N/A
