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Jharkhand High Court · body

2001 DIGILAW 426 (JHR)

MD. OBAIDULLAH v. BIHAR INTERMEDIATE EDUCATION COUNCIL

2001-07-06

M.Y.EQBAL

body2001
Judgment : M. Y. EQBAL, J. ( 1 ) HEARD the counsel for the parties. In this writ application the petitioner prays for issuance of an appropriate direction upon the respondents-Bihar Intermediate Education Council, Patna for making necessary correction in the result of the petitioner who appeared in the examination of Intermediate Arts conducted by the respondents for the Sessions 1997-99 and also for payment of compensation. ( 2 ) PETITIONERs case is that he had appeared in I. A. examination in 1997-99 session conducted by the Intermediate Education Council. The petitioner was declared fail as he was shown absent in Urdu (NRB) compulsory paper though he had cleared all the other papers. The petitioner was surprised and for that he wrote a letter to the Additional Secretary, Bihar Intermediate Council, Patna through the Principal of the College informing him that he had appeared in all the papers which was duly certified by the Principal of the College. The Controller of Examination, thereafter, verified the copy number and the signature of the candidate and found that the petitioner had appeared in the said paper bearing Copy No. 307053 and 323278. In spite of that when the result of the petitioner was not published, he sent legal notice and, thereafter, filed the instant writ application in August, 2000. ( 3 ) THE Intermediate Education Council through the Secretary filed a counter affidavit and admitted that the petitioner had appeared in the examination but due to mistake his result was shown incomplete as he was shown absent in Urdu paper II. However, on receipt of the letter from the petitioner and the Principal of the college, the matter was enquired into and it was found that the petitioner altogether obtained 478 marks including the marks obtained in Urdu and, accordingly, the result was published. ( 4 ) SO far the first relief claimed by the peitioner is concerned, the respondents have already published the result of he petitioner in August, 2000 and declared him successful in the examination. But the question which arises is as to whether the petitioner is entitled to compensation for the laches and negligence of the respondents. The first result was published in August, 1999 when the petitioner was declared fail as he was shown absent in one paper. The petitioner persued the matter continuously and it was in August, 2000, he was declared pass. The first result was published in August, 1999 when the petitioner was declared fail as he was shown absent in one paper. The petitioner persued the matter continuously and it was in August, 2000, he was declared pass. The respondent No. 2, Secretary of the Council very conveniently stated in the counter affidavit that the result of the petitioner has been published and therefore, the writ application has become infructuous. The respondent has not given any explanation for the mistake committed by it in declaring the petitioner absent in one subject. Surprisingly the respondents, in the counter affidavit, have not whispered a word that the mistake was bona fide. ( 5 ) IT has not been disputed that due to gross negligence of the respondents the petitioner not only became late by two academic Sessions but he has been pushed two years back in the entire future career of his life. The petitioner, therefore, suffered serious loss and irreparable injury which cannot be compensated in terms of money. However, for the gross laches and negligence of the respondents, they are liable to be imposed compensatory cost and/or compensation to meet the ends of justice. I, therefore, direct the respondents to pay a sum of Rs. 50,000. 00 (fifty thousand) to the petitioner within one month from today. The application stands disposed of. Order accordingly. --- *** --- .