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2004 DIGILAW 1119 (PAT)

Munna Singh v. State

2004-11-04

V.N.SINHA

body2004
Judgment 1. Heard. 2. The petitioner, who was a regular student of Shyam Lal Jain High School, Darauli, Siwan, as it appears from the school leaving certificate date 17.5.1994, annexure-4, appeared in the matriculation examination conducted by the Bihar School Examination Board in the year 1992 pursuant to the admit card issued by the Bihar School Examination Board, annexure-2.The marks of the petitioner as also of the other students, who appeared in the matriculation examination from Shyam Lal Jain High School, Darauli, Siwan was communicated to the school, vide computerised resultsheet, annexure-3. It appears from the said computerised resultsheet that the petitioner has passed the matriculation examination in second division. It further appears from the said sheet, that the results of the petitioner and others has been withheld. 3. The petitioner having come to learn that his result has been withheld represented before the school authorities as also the authorities of the Bihar School Examination Board that he being a regular student of the Shyam Lal Jain High School, Darauli, Siwan, his marks-sheet should be issued as he has committed no irregularities while appearing in the examination. In consideration of his request, the headmaster of the said High School requested the Joint Secretary, Bihar School Examination Board, vide letter No. 15 dated 14.3.1996, annexue-5, to declare the result of the petitioner and issue his mark-sheet. The authorities of the Board when did not take any action, pursuant to the request of the petitioner as also of the headmaster of the Shyam Lal Jain High School Darauli, Siwan, the petitioner filed this writ application praying, inter alia, that the authorities of the Board be directed to publish his 1992 matriculation examination results. 4. Learned counsel for the Board has filed a counter affidavit duly affirmed by the Law Officer of the Board on 2.9.2004. Perusal whereof indicates that on the request of the petitioner and the school, authorities to publish the result of the petitioner the Board had written to the headmaster of Shyam Lal Jain High School, Darauli, Siwan under letter no. 2977 dated 29.6.1993, Annexure-B to produce before it the documents to establish that the petitioner was registered with the Board for appearing in the 1992 matriculation examination. 2977 dated 29.6.1993, Annexure-B to produce before it the documents to establish that the petitioner was registered with the Board for appearing in the 1992 matriculation examination. It is further stated that pursuant to the aforesaid request, the headmaster of the Board did not take any steps rather he continued to ignore the same and, as such, the authorities of the Board were helpless in the matter, as according to them, the result of the petitioner has been withheld for his failure to get registered for the 1992 matriculation examination, as per the records maintained by the Board. In this connection Board also relied on its letter no. 398 dated 11.8.1999, Annexure-B/1 appended with the counter affidavit. 5. During the hearing of the writ application, learned counsel for the petitioner has submitted before me that the petitioner being a regular student of the school in question had submitted the fees and from before the headmaster on which basis admit card, annexure-2, was issued by the Bihar School Examination Board and petitioner was permitted to appear in the matriculation examination, 1992 and he did not commit any irregularities while appearing in the said examination then it was the bounden duty of the Board to publish the result, as in terms of the provisions contained in Regulation 19 of the Board Regulation, 1964 (hereinafter to be referred as Regulation), the result can be withheld only in the event the authorities are of the opinion that the result of the candidate is erroneous or the candidate has committed any fraud or is privi to any fraud committed on the Board. According to the learned counsel, petitioner a bona fide student filled up his form deposited the fees with the headmaster who made over the admit card issued by the Bihar School Examination Board on which basis petitioner appeared in the matriculation examination from the said High School and as he neither committed any fraud while appearing in the examination nor he is privi to any fraud committed on the Board his mark-sheet ought not to have been withheld by the Board for irregularities in the registration. He further submitted that in any event, Board having issued the two letters contained in annexures-B and B/1 to the headmaster and the headmaster not responding to the instructions of the Board, the petitioner cannot be held responsible for the same and his result should be published. He further submitted that in any event, Board having issued the two letters contained in annexures-B and B/1 to the headmaster and the headmaster not responding to the instructions of the Board, the petitioner cannot be held responsible for the same and his result should be published. 6. Learned counsel for the Board, on the other hand, submitted that this application should be dismissed on the ground of laches, as for declaration of the result of the year 1992 the petitioner has approached this court in the year 1999. In support of the said submission he relied upon an order passed by another single Judge of this Court dated 3.8.2001, passed in C.W.J.C. No. 9736 of 2001 (Yashoda Devi & Ors. V/s. Secretary, Bihar School Examination Board and Anr.), annexure-A to the counter affidavit wherefrom it appears that the writ application for declaration of the results of the year 1986-87-88 was filed in the year 2001 and this court dismissed the same on the ground of laches. He further submitted that as from the records maintained in the Board it does not appear that the petitioner was ever registered by the Board for the 1992 Matriculation examination, as such, his result cannot be published. He, however, did not dispute the genuineness of the Admit card, Annexure-1, as also the fact that petitioner appeared in the examination on that basis. 7. Having heard the learned counsel appearing on behalf of the parties, I am of the view that this writ application cannot be dismissed on the ground of laches as petitioner having appeared in the 1992 Matriculation examination represented before the authorities of the School to request the Board to publish his result on which basis headmaster of the school wrote letter dated 14.3.1996, annexure-5, whereafter the Board authorities issued communication bearing memo No. 398 dated 11.8.1999, Annexure-B/1 even after filing of the writ application on 29.7.1999 as such, in my opinion, the grievance of the petitioner to declare his result remained alive all along and cannot be held to be stale and this writ application cannot be dismissed on the ground of laches and the order dated 3.8.2001, passed in C.W.J.C. No. 9736 of 2001, Annexure-A to the counter affidavit, has no application to the facts of this case. So far the merits of the case of the petitioner is concerned, petitioner being a bona fide student having filled up the form and deposited the fees for appearing in the 1992 Board Examination with the headmaster of the School on which basis he was granted admit card and he appeared in the 1992 Board Examination whereafter his result was also communicated to the said school in the computerised result-sheet after withholding the same then, in my opinion, it is not permissible for the Board to withhold the same as the result of the petitioner is neither erroneous nor he has committed any fraud or is privi to any fraud committed on the Board. The action of the authorities of the Board to withhold the result of the petitioner is contrary to the provisions contained in Regulation 19 of the Regulation. In view of the discussion above, I have no option but to direct the Board authorities to publish the result of the petitioner of 1992 Matriculation Examination within one month from the date of receipt/production of a copy of this order. 8. Before parting with the case, I have to take notice of the order dated 9.9.1996, passed in the case of Zainul Abadin bearing C.W.J.C. No. 6739 of 1995 wehreunder result of the petitioner withheld on the ground that he was not duly registered with the Board, was directed to be published noticing the fact that the petitioner appeared in the 1992 Board Examination after issue of admit card by the Board and he was neither at fault nor had committed any fraud or was privi to any fraud committed on the Board. The said order was even upheld by a Division Bench |,of this Court under order dated 20.8.1997, passed in L.P.A. No. 1185 of 1986 (Bihar School Examination Board V/s. Zainul Abdin & Ors.) respectively. 9. This application is, accordingly, Allowed. No cost.