Patna High Court
Asha Nand Mishra vs The State Of Bihar & Ors on 12 July, 2017
Author: Chakradhari Sharan Singh
Bench: Chakradhari Sharan Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.13939 of 2012
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1. Asha Nand Mishra S/O Late Shoba Kant Mishra R/O Village + P.O.- Bhithi
Salempur, P.S.- Pandaul, District- Madhubani
.... .... Petitioner/s
Versus
1. The State Of Bihar Through The Secretary Human Resources Development
(Secondary Education) Department, New Secretariat, Baily Road, Patna-1
2. The Chairman, Bihar School Examination Board Inter Council Bhawan, Budh
Marg, P.S.- Kotwali, Patna-1
3. The Secretary Bihar School Examination Board, Inter Council Bhawan, Budh
Marg, P.S.-Kotwali, Patna-1
4. The Joint Secretary Bihar School Examination Board, Inter Council Bhawan,
Budh Marg, P.S.- Kotwali, Patna-1
.... .... Respondent/s
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Appearance :
For the Petitioner/s : None
For the Respondent/s : Mr. Bijay Bharti, AC to SC-7
For the Board : Mr. A.P. Singh, Advocate
: Mr. S.K. Ranjan, Advocate
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CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN
SINGH
ORAL JUDGMENT
Date: 12-07-2017 The petitioner has sought for quashing of office order No. Ni 3955, dated 22.07.2011, (Annexure-7) issued by the Joint Secretary of the Bihar School Examination Board, Patna (hereinafter referred to as the Board), whereby the certificate granted to the petitioner with Roll Code 3214, Roll No. 526, for Annual Secondary Examination, 1972 has been cancelled on the ground that there was no such Roll No. 526 with Roll Code 3214, which existed for the said Annual Secondary Examination.
2. There is no representation on behalf of the 2 petitioner.
3. A counter affidavit has been filed on behalf of the Respondent-Board, wherein it has been stated that after verification of the petitioner's certificate bearing Roll Code 3214, Roll No. 526 of Annual Secondary School Examination, 1972, from the tabulation register it was found that under the said Roll Code the Roll No. 01 to 524 was printed and there was no Roll No. 526 with the said Roll Code. It has also been stated that the said certificate does not match with the stock register. The Board, accordingly, reached the conclusion that no such certificate was issued from the certificate cell of the Board.
4. The averment made in the counter affidavit has not been controverted by the petitioner by filing reply to the counter affidavit. The said averments thus, stand admitted.
5. The relief sought for, on behalf of the petitioner, in the present writ application, therefore, cannot be granted.
6. This application is, accordingly, dismissed.
(Chakradhari Sharan Singh, J) ArunKumar/-
AFR/NAFR NAFR CAV DATE N/A Uploading Date 15.07.2017 Transmission Date