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1993 DIGILAW 181 (PAT)

Ram Babu Singh v. Bihar School Examination Board

1993-04-21

BISHESHWAR PRASAD SINGH, G.C.BHARUKA

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Judgment G. C. Bharuka, J. 1. I t is unfortunate that we have large number of cases of this type before this Court, and most of them are unnecessary and frivolous. In the instant case the petitioners are the Head Master of Sri Siyaram Singh Yadav high School Sbahpur, Daudpur, and one of its students. The grievance of the petitioners is that the respondent Board has acted contrary to the provisions of the Rules and Regulations by not issuing registration numbers to 773 students of the School in question after accepting registration fee. They contend that the aforesaid school is a nationalised School and as such under the Regulation it is authorised to send up such candidates for taking the Secondary School Examination who have completed their courses of study in the School. 2. In the instant case it is brought to our notice that the Board has issued registration numbers only to 211 students and not to all the students who had applied for registration numbers. 3. A counter-affidavit has been filed on behalf of the Bihar School examination Board. The stand of the respondent Board is that according to the information available to it, there were only 147 regular students in the school. Consequently as early as in the month of September, 1992, the Principal of the School was called upon to produce the necessary records before the Board so that the Board could satisfy itself about the number of regulation students of the school. The case of the Board is that those records were not produced before it despite reminders, but there was a report from the S. D. O. (Education) that there were only 149 regular students in the said school. Consequently when such large number of applications were sent to the Board, the Board refused to grant registration numbers to all the students, because no information was furnished to it pursuant to the request made by the Board to produce the record before it. 4. It was contended before us by counsel for the petitioners that the respondent Board has no power to call for such records, and therefore, the demand was unauthorised. 5. Having regard to the provisions of Chapter 4 of the Bihar school Examination Boards Regulations, it is difficult to uphold the the contention. 4. It was contended before us by counsel for the petitioners that the respondent Board has no power to call for such records, and therefore, the demand was unauthorised. 5. Having regard to the provisions of Chapter 4 of the Bihar school Examination Boards Regulations, it is difficult to uphold the the contention. Regulation 1 in Chapter IV in clear terms provides that- "every Secondary School shall supply to the Board on or before such dates as may be fixed by the Board such returns and information as may be required by the Board from time to time. " It further provides that- "every Secondary School shall maintain such registers and records of the students sent up by the School as may be required by the board from time to time. " It further provides that- "every Secondary School shall maintain such registers and records of the students sent up by the School as may be required by the board from time to time. " 6. We have, therefore, no manner of doubt that while performing its duty, the Examination Board can insist upon the School to maintain records and produce them before it whenever required. The school is bound to produce such, records before the Examination Board. 7. In the instant case it is not in dispute that the school did not furnish the necessary information and produce the necessary records before the Examination Board. Consequently, the Board was not satisfied that all the candidates were qualified in terms of the Regulation 2. On the basis of the report of the S D O lesser number of regular students were admitted in the school. It is question of fact as to how many students have been regularly admitted by the School who have completed their courses of study in the school. In the absence of any material produced by the school, despite reminders, the Board has taken a decision on the basis of material available to it. 8. We, therefore, find no merit in this application. 9. This application is, accordingly, dismissed. 10. We may only observe that the Secondary School Examination board is the controlling authority in such matters. If on account of inaction of obstinate attitude acquired by petitioner No.1 unfortunate consequences have resulted, he is solely responsible, for the same. 8. We, therefore, find no merit in this application. 9. This application is, accordingly, dismissed. 10. We may only observe that the Secondary School Examination board is the controlling authority in such matters. If on account of inaction of obstinate attitude acquired by petitioner No.1 unfortunate consequences have resulted, he is solely responsible, for the same. We therefore, direct that the Board should make an enquiry into this matter and in particular the conduct of the principal/head Master, petitioner No.1 and take appropriate action. We may take judicial notice of the notorious fact that large number of names of non-genuine students are being sent up by unscrupulous head-masters on monetary (sic) considerations. Let a copy of this order be communicated to the Director, Secondary education. The copy should be communicated through G. P. No.6, mr. Keshri. Application allowed.