Patna High Court - Orders
Om Prakash Kumar vs The State Of Bihar And Ors on 9 October, 2023
Author: Partha Sarthy
Bench: Partha Sarthy
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15024 of 2013
======================================================
Om Prakash Kumar
... ... Petitioner/s
Versus
The State of Bihar and Ors
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Mishra, Advocate
For the Respondent/s : Mr. Ashok Kumar Dubey, A.C. to AAG 11
For respondent nos.7 and 8: None
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
7 09-10-2023A counter affidavit has been filed on behalf of the Bihar School Examination Board. Paragraph nos. 7 to 11 of the said counter affidavit is reproduced hereinbelow:
"7. That it is most humbly submitted that in view of the Hon'ble Court's Order dated 7-12-2018 in the instant case, presently the role of the Board is limited to verify the result card of the petitioner appertaining to roll no. 0722110737. It is stated that in this connection his result card has been verified carefully with all connecting records available in the office of the Board of the said BETET 2011 Exam.
8. That it is submitted that upon verification of the result card of the petitioner appertaining to Roll no. 0722110737 of BETET 2011 Exam.,the relevant details as found in the concerned records are as follows -
Roll no. - 072211073
Candidate Name -OM PRAKASH KUMAR
Patna High Court CWJC No.15024 of 2013(7) dt.09-10-2023 2/3 Father's Name -VIJAY KUMAR SINGH Category -GEN.
SEX -MALE
Paper 1st Marks -054
Paper 1 Result -NQ (Not Qualified)
Xerox copy of the respective data of Roll no. 0722110737 is attached herewith as Annexure-A to this Affidavit
9. That it is further submitted that above referred details of verification of the result card of the petitioner was sent to the District Programme Officer (Establishment), Bhojpur, Arah vide Letter No. K-787 DATED 19-11-2014 by the Board.
Xerox Copy of the Letter dated 19- 11-2014, issued by the Secretary, is attached here with as Annexure- B to this affidavit.
10. That it would be pertinent to mention here that the petitioner has never asked for supply of the Certificate of BETET Exam 2011 under Right To Information Act, hence question of supply of such certificate does not arise at all. It is further submitted that the document produced by the petitioner as the RESULT CARD of BETET 2011 is not genuine and therefore, the averment made in para- 6 of the writ petition under reply is denied as not true to this extent.
11. That therefore, the stand / averments made by the petitioner with regard to issuance of so called Patna High Court CWJC No.15024 of 2013(7) dt.09-10-2023 3/3 Certificate is here by denied as not admitted."
At this stage learned counsel for the petitioner submits that he has not been served with the counter affidavit filed by the Bihar School Examination Board.
Learned counsel for the Bihar School Examination Board does not appear in Court today. Learned counsel for the Board to serve copy of the Board's counter affidavit on learned counsel for the petitioner. In view of the fact that substantial portion of the counter affidavit of the Board has been quoted hereinabove, let the petitioner take instructions in the matter.
Put up this case on 17.10.2023.
(Partha Sarthy, J) Bibhash U