Supreme Court of India
Chairman Bihar School Exam.Board & Anr vs Sanjay Kumar & Ors on 23 August, 2013
Bench: Sudhansu Jyoti Mukhopadhaya, H.L. Dattu
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 7132 OF 2013
(@ SPECIAL LEAVE PETITION(CIVIL)NO.8918 OF 2012)
CHAIRMAN, BIHAR SCHOOL EXAM.BOARD & ANR. PETITIONER(S)
VERSUS
SANJAY KUMAR & ORS. RESPONDENT(S)
O R D E R
1. Leave granted.
2. This appeal is directed against the judgment and order passed by the High Court of Judicature at Patna in L.P.A.No.429 of 2010, dated 21.06.2011. By the impugned judgment and order, the High Court has directed the Bihar School Examination Board-appellant herein to declare the results of the students studied in an unrecognised college.
3. We have heard learned counsel for the parties to the lis.
4. It is not in dispute nor it can be disputed by the respondents- herein that they have studied in an unrecognised college. If that is so, in our opinion, the High Court was not justified in directing the Bihar School Examination Board to declare the results of the students who have studied in an unrecognised college. In view of the aforesaid, the impugned judgment and order passed by the High Court cannot be sustained and the same requires to be set aside.
: 2 :5. In the result, we allow this appeal and set aside the impugned judgment and order passed by the High Court. No costs.
Ordered accordingly.
...........................J. (H.L. DATTU) ...........................J. (SUDHANSU JYOTI MUKHOPADHAYA) NEW DELHI;
AUGUST 23, 2013 ITEM NO.51 COURT NO.4 SECTION XVI S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Civil) No(s).8918/2012 (From the judgement and order dated 21/06/2011 in CWJC No.9738/2009,LPA No.429/2010 of the HIGH COURT OF JUDICATURE AT PATNA) CHAIRMAN BIHAR SCHOOL EXAM.BOARD & ANR. Petitioner(s) VERSUS SANJAY KUMAR & ORS. Respondent(s) Date: 23/08/2013 This Petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE H.L. DATTU HON'BLE MR. JUSTICE SUDHANSU JYOTI MUKHOPADHAYA For Petitioner(s) Mr.J.P.Cama, Sr.Adv.
Mr. Gopal Singh,Adv.
For Respondent(s) Mr.Ashutosh Thakur, Adv.
Priya Rai, Adv.
For Mr. Neeraj Shekhar,Adv.
UPON hearing counsel the Court made the following O R D E R Leave granted.
Heard learned counsel for the parties to the lis.
The appeal is allowed, in terms of the signed order.
(G.V.Ramana) (Vinod Kulvi)
Court Master Asstt.Registrar
(signed order is placed on the file)