Judgment V.N.Sinha, J. 1. The petitioner who is a minor girl and had appeared in matriculation examination conducted by the Bihar School Examination Board in March, 2004 has filed this writ application for quashing the order bearing Memo No. 1185 dated 30.9.2004 Annexure-5 whereunder Board has refused to publish her result on the ground that the residential certificate which was filed at the time of registration of the petitioner for appearing in 2004 matriculation examination was not issued by the competent authority. Petitioner has further prayed for direction to the Board and its authorities to declare her result. For similar relief petitioner had earlier come to this Court and had filed CWJC No. 7919/04 which writ application alongwith other connected writ cases was heard and disposed of by a Single Judge of this Court who under order dated 2.8.2004 directed the Board to declare the result of the petitioner. Against the aforesaid order dated 2.8.2004 Board preferred LPA No. 869/04 which was disposed of under order dated 14.9.2004 (Annexure 2) since reported in 2004 (4) PLJR 345 , whereunder Division Bench of this Court set aside the order dated 2.8.2004 and directed the Board to notice the petitioner and pass a reasoned order after considering her show cause reply and the documents filed in support thereof. In compliance of the aforesaid direction of this Court Board issued notice dated 22.9.2004 as contained in Annexure-3 calling upon the petitioner to show cause as to why her result be not cancelled. In compliance of the aforesaid notice petitioner filed her show cause reply dated 27.9.2004 (Annexure-4) whereunder in para 7 she candidly admitted that the residential certificate which was filed at the time of registration was one which was not issued by the competent authority as her father and uncle who had gone to obtain the residential certificate from the Circle Office, Patna Sadar were accosted by touts and the certificate obtained by them may not have been issued by the competent authority. Having said so, she annexed alongwith the show cause another residential certificate subsequently obtained from the competent authority. Having said so, she annexed alongwith the show cause another residential certificate subsequently obtained from the competent authority. With reference to the two residential certificate one which was not issued by the competent authority and filed at the time of registration and the other obtained from the competent authority but was subsequently filed alongwith the show cause it was submitted that her address in the two certificates is one and the same which is also corroborated by the affidavit of her father filed at the time of registration. On the basis of the address indicated in the two residential certificate and the affidavit she further submitted in the show cause that as she has become the victim of touts loitering in the Circle Office, Patna Sadar her subsequent residential certificate may be accepted and her result be published. For ready reference it is meet and proper to incorporate paragraph 7 of her show cause hereinbelow : "7. I being a homely minor girl, never venture out of my residence without some family-escort. Therefore, I have never gone to the Circle Office, Patna Sadar nor do I know its location as yet. My father is a businessman. It has so happened that he handed over necessary documents and expenses to a cousin of his requesting him to obtain the residential certificate for me from the Patna Sadar Circle Office. His cousin, himself being a novice, reached the said office where he was accosted by some persons who represented to do the job of obtaining the desired residential certificate from the office. Feeling himself relieved of the task, my fathers cousin relaxed and handed over the papers and expenses to that man, who asked him to come after 3 or 4 hours to collect the desired residential certificate. Thus, entrusting this work to that man, my fathers cousin left the place and after 4 p.m. again went there and. collected the residential certificate from that man, which was submitted to you in the bona fide belief that it was true the genuine. Now I am told that professional touts or agents remain loitering at and near the Circle Office, Patna, Sadar in search of un- suspecting and gullible client, take them into their confidence and fleece them of the money. It may be that my fathers cousin was one of their victim and was duped thus. Now I am told that professional touts or agents remain loitering at and near the Circle Office, Patna, Sadar in search of un- suspecting and gullible client, take them into their confidence and fleece them of the money. It may be that my fathers cousin was one of their victim and was duped thus. Therefore, I myself am not in a position to say anything definitely about the genuiness or otherwise of the residential certificate submitted on my behalf but, I may say one obvious thing that when I happen to be a genuine native of the State of Bihar stationed at Patna throughout, there was no need for me to knowingly and deliberately obtain a fake residential certificate for myself and submit the same to the Board. I having overwhelming evidence of my local nativity, could not have taken such a risk nor my father or his said cousin could have. It might be a bona fide lapse or mistake, of which I am not sure and, therefore, the same is fit to be ignored in the changed circumstances and fresh evidence and documents in this regard are required to be submitted for your fresh kind consideration and order." 2. Board having considered the aforesaid show cause has passed the impugned order dated 30.9.2004 (Annexure-5). Perusal whereof indicates that same has been rejected only on the ground that the petitioner had not filed residential certificate obtained from the competent authority at the time of her registration for appearing in 2004 Board examination. 3. During hearing of this application Sri Nawal Kishore Singh learned counsel for the petitioner has invited my attention to Chapter IV and V of the Board Regulation, 1964 (hereinafter referred to as Regulation) and has submitted with reference to regulation 19 that Board is empowered to cancel the result of a candidate if it is affected by error or fraud or if the candidate is privy to fraud. From the show cause it is evident that petitioner herself has become victim of fraud committed on her by the touts loitering in office of Circle Officer, Patna. No sooner it was realised that petitioner and her father has been duped by the touts another residential certificate duly obtained from the Circle Officer Patna was filed alongwith the show, cause. From the show cause it is evident that petitioner herself has become victim of fraud committed on her by the touts loitering in office of Circle Officer, Patna. No sooner it was realised that petitioner and her father has been duped by the touts another residential certificate duly obtained from the Circle Officer Patna was filed alongwith the show, cause. He further submitted that the address of the petitioner as indicated in the two residential certificate as also affidavit which was filed at the time of registration being the same no fraud was committed by her and the Board in proper appreciation of her show cause should declare her result. 4. On the other hand Sri J.P. Shukla learned counsel for the Board has submitted that the Board has taken the view that as the residential certificate filed by the petitioner at the time of her registration was not issued by the competent authority as such Board was within its jurisdiction to withhold the result of the petitioner and the impugned order should be upheld. 5. Having heard counsel for the parties and having considered the impugned order I am of the view that the Board in terms of Regulation 19 is empowered to cancel/withhold the result of any candidate only if it is vitiated by error or fraud committed by the candidate. From the show cause filed by the petitioner it is apparent that she is a victim of touts loitering in the Circle Office Patna Sadar and no sooner she realised that the residential certificate filed by her at the time of her registration is not issued by competent authority she obtained another certificate and filed the same. There is no difference in the address incorporated in the two certificates as also in the earlier affidavit filed at the time of registration as such I am of the opinion that the petitioner has neither committed any fraud nor her result is erroneous within the meaning of Regulation 19. Her show cause should therefore be accepted by the Board as it is common knowledge that the officers posted in Collectorate and Circle Office Patna during office hours are usually on law and order duty or VIP duty or on fact finding enquiry and during their absence the subordinate staff and the touts rule the roost. 6. Her show cause should therefore be accepted by the Board as it is common knowledge that the officers posted in Collectorate and Circle Office Patna during office hours are usually on law and order duty or VIP duty or on fact finding enquiry and during their absence the subordinate staff and the touts rule the roost. 6. In the facts and circumstances of this case I hold that order dated 30.9.2004 as contained in Annexure-5 to be violative of Regulation 19 and quash the same with direction to the respondent Board and its functionaries to publish the result of the petitioner within one month from the date of receipt/production of a copy of this order.