Patna High Court
Kumari Anu Sinha & Ors vs The State Of Bihar & Ors on 10 April, 2017
Author: Chakradhari Sharan Singh
Bench: Sharan Singh, Chakradhari Sharan Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3354 of 2017
=========================================
1. Kumari Anu Sinha aged daughter of Sri Narendra Prasad,
resident of Village- Itavan, P.S.- Gurua, District- Gaya, through
her guardian Sonu Kumar, aged about 22 years, son of Narendra
Prasad, resident of Village- Itavan, P.S.- Gurua, District- Gaya.
2. Aman Kumar Sharma, son of Sri Ramesh Krishnan, resident of
Village- Narayan Garh, P.S.- Rampur, District- Gaya, through his
natural guardian Sri Ramesh Krishnan, son of Late Kamdev
Prasad, resident of Village- Narayan Garh, P.S.- Rampur, District-
Gaya.
3. Gunja Rani, D/o Meghan Das, through her elder brother and
guardian Mukesh Kumar (elder brother), Resident of Village-
Basua, P.S.- Wazirganj, District- Gaya.
4. Kumar Mannu, S/o Virendra Yadav, through natural guardian
Virendra Yadav, S/o Late Rameshwar Yadav, resident of Village-
Gaharpur, P.S.- Belaganj, District- Gaya.
5. Md. Abid Hussain, S/o Md. Haroon Rashid, through his guardian
Md. Nasim, S/o Md. Nazim Miah, resident of Mohalla- Kathokar
Tank, Near Marvari High School, P.S. Civil Line District- Gaya.
6. Saurabh Kumar Gupta, S/o Sidharth Kumar, through Guardian
Sidharth Kumar, resident of Mohalla- Maharani Road, P.O.- New
Godawn, P.S.- Kotwali, District- Gaya.
7. Banshidhar Kumar, S/o Sachu Singh, through natural guardian
Sachusingh, Village- Bhurkunda, P.O.- Nain Sagar, P.S.- Bara
Chatti, District- Gaya.
.... .... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Human
Resources Department (Secretary Education), Bihar, Patna.
2. The Bihar School Examination Board, through its Chairman,
Patna High Court CWJC No.3354 of 2017 dt.10-04-2017
2/4
Sinha Library Road, Patna.
3. The Chairman, Bihar School Examination Board, Sinha Library
Road, Patna.
4. The Secretary, Bihar School Examination Board, Sinha Library
Road, Patna.
5. The Assistance Secretary, Bihar School Examination Board,
Sinha Library Road, Patna.
6. Ideal Higher Secondary Public School, Delha, Gaya through its
Principal Shakti Kumar, S/o Late Tarkeshwar Prasad, resident of
Mohalla- New Colony, Delha, P.S.- Delha, District- Gaya.
.... .... Respondent/s
=========================================
Appearance :
For the Petitioner/s : Mr. Amrendra Kumar Sinha No.-1, Adv.
For the State : Mr. Madhaw Pd. Yadav- GP-23
: Mrs. Meera Singh, AC to GP-23
For the Board : Mr. Ajay, Adv.
=========================================
CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI
SHARAN SINGH
ORAL JUDGMENT & ORDER
Date: 10-04-2017
The petitioners were students of Ideal Higher
Secondary Public School, Delha, Gaya. They have filed this
application seeking direction to the respondents-Bihar School
Examination Board, Patna (hereinafter referred to as the
Board), to declare their Class-X results.
2. Heard the parties.
3. Learned counsel, appearing on behalf of the
Patna High Court CWJC No.3354 of 2017 dt.10-04-2017
3/4
petitioners, has submitted that there cannot be any dispute
that the petitioners had appeared in the examination held in
the year 2016. Their results have been withheld by the Board
without any valid reason.
4. Learned counsel, appearing on behalf of the
Board, produced before me a WEB-copy of an order, dated
22.12.2016, passed in CWJC No. 16911 of 2016, whereby, this Court has dismissed the said writ application filed against withholding of results of the students of the said school.
5. It seems from the order of this Court, dated 22.12.2016, that the school, in question, admitted more number of students than permissible and allowed them to appear in Class-X examination, held by the Board. This Court, in the order, dated 22.12.2016, has observed that the result had to be withheld when the fraud was detected, though at a belated stage.
6. I do not find any reason to take a different view as the Court has found admission of students in the said school, beyond the sanctioned strength, to be an act of fraud.
7. The institution had preferred an appeal, under the Letters Patent of this Court, against the said order, dated 22.12.2016, giving rise to LPA No. 81 of 2017. The said LPA No. 81 of 2017 has been dismissed by a Division Bench of this Court, since the school elected to withdraw the appeal. In Patna High Court CWJC No.3354 of 2017 dt.10-04-2017 4/4 that background, no relief, as sought in the present application, can be granted.
8. This application is, accordingly, dismissed.
(Chakradhari Sharan Singh, J) Praveen-II/-
AFR/NAFR NAFR CAV DATE N/A Uploading 13.04.17 Date Transmission Date