Jharkhand High Court
Prabhat Kumar vs Bihar School Examination Board on 18 January, 2010
Author: D.G.R. Patnaik
Bench: D.G.R. Patnaik
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (C) No. 2009 of 2004
Prabhat Kumar Petitioner
Versus
1. The Bihar School Examination Board through its
Chairman/Administrator
2. Secretary, Bihar School Examination Board, Patna
3. Head Master, High School Tiruldih, Seraikella-Kharswan Respondents
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CORAM: The Hon'ble Mr. Justice D.G.R. Patnaik
For the Petitioner: Dr. (Mr.) H. Waris, Advocate
For the Respondents: Mr. S.P. Roy, GA
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04. 18.01.2010Heard counsel for the parties.
2. The petitioner's grievance in this writ application is that though his Nephew Uttam Kumar had appeared at the annual examination conducted by the Bihar School Examination Board for the year 2000, yet his results have not been published by the respondent Board. The petitioner has therefore prayed for a direction upon the concerned authorities of the respondent Bihar School Examination Board for publishing the result of the petitioner's nephew.
3. From the counter-affidavit of the respondents, it appears that an enquiry was conducted for assessing the genuineness of the candidates in terms of the Rules stipulated. One of the Rules stipulated that the candidate should have resided in the State of Bihar continuously at least for one year prior to the date of examination. It is contended that upon enquiry, it was found that the petitioner's nephew happens to be a resident of West Bengal and was not residing in the State of Bihar and upon this ground, his candidature was rejected. It has however not been disputed that admit card was issued to the petitioner's nephew to enable him to appear at the examination and in fact, he was allowed to appear at the examination, albeit as a private student. It also appears from the pleadings in the writ application and the annexures thereto, that when his results were not being published, the petitioner's nephew had forwarded his representation before the concerned authorities of the respondent Board, annexing thereto the certificate issued by the Headmaster of the school from where he had appeared at the examination. The certificate, according to the petitioner, affirms categorically that prior to the date of examination, the petitioner's nephew was residing with the petitioner in the District of Singhbhum and was a regular student of the private school for more than three years prior to the date of examination.
4. Learned counsel for the petitioner submits that the above certificate of the Headmaster of the school amply confirms that the candidate was a resident living continuously in the district of Singhbhum along with his uncle prior to the date of examination. It is further submitted that before taking the adverse decision against the candidate, no notice was issued to the candidate either informing him the reason for rejecting his candidature nor affording any opportunity to him to explain as to why his candidature should not be rejected on the aforementioned grounds.
5. Considering the aforesaid facts and circumstances, this application is disposed of with a liberty to the petitioner and to his nephew to file a fresh representation before the Secretary, Bihar School Examination Board, Patna (Respondent No. 2), who in turn, shall consider the representation in proper perspective and take an appropriate decision by passing a reasoned and speaking order on the candidate's prayer for publishing his results of the examination at which the candidate had appeared. Such decision must be taken within three months from the date of receipt of the representation and shall be effectively communicated to the candidate.
Let a copy of this order be given to the learned counsel for the respondents.
(D.G.R. Patnaik, J) Ranjeet/