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2004 DIGILAW 773 (PAT)

Md. Manzer Ouasmi v. Bihar School Examination Board

2004-08-02

NARAYAN ROY

body2004
Judgment 1. Heard counsel for the parties. 2. This writ application is directed against the order, as contained in annexure 7, which was communicated to the school in question, whereby and whereunder the results of the students of the school in question have been cancelled. 3. Learned counsel for the petitioners submitted that the petitioners had appeared through N.K. High School, Behrampur, Masaurhi, in the matriculation examination of the year 1999 and their results were published declaring them as successful and necessary marksheets were issued to them, but their results subsequently were cancelled in November 2001. 4. Mr. J.P. Shukla, learned counsel for the respondent Board, submitted that on the basis of the report submitted by the District Education Officer, Patna, the students of the school in question were not found to be genuine and eligible, and, therefore, in exercise of the power under Regulation 19 of Chapter V of the Bihar School Examination Regulation, the results so published were cancelled. 5. Learned counsel for the petitioners, however, submits that the case of the petitioners is squarely covered by the order passed by this Court, as contained in annexure 8, and also the order passed by this Court in CWJC No. 5710 of 2003 (Md. llias and others v. Bihar School Examination Board and others). 6. It is further submitted by learned counsel for the petitioners that the petitioners after passing their matriculation examination have prosecuted their studies in College and when they were likely to complete their degree course, their results of matriculation examination have been cancelled. 7. The grounds, which have been shown by the respondent Board for cancellation of the results of the petitioners and others, in my opinion, appear to be subsequent development and on the basis of the report submitted by the District Education Officer, the students were not found eligible and genuine. 8. The reasons disclosed by the respondent Board, however, in my opinion, would not be sufficient at this stage, when the petitioners have already passed their matriculation examination and have also prosecuted their higher studies. 9. At this stage, in my opinion, therefore, no hindrance should be put in their way, as the authorities by now acquiesced to the infirmities, if any, found with the petitioners. 10. 9. At this stage, in my opinion, therefore, no hindrance should be put in their way, as the authorities by now acquiesced to the infirmities, if any, found with the petitioners. 10. In case the respondent Board had doubted the genuineness of the petitioners as regular students, appropriate action could have been taken prior to issuance of their admit cards and some sort of mechanism could have been evolved. But once such students were allowed to appear in the examination and they were successful in the matriculation examination, in my opinion, it would not be justifiable for the respondent Board to cancel their results. 11. Considering the facts and circumstances of the case, this application is allowed, the order, as contained in annexure 7, so far the petitioners are concerned, is set aside and the respondent Board is directed to issue matriculation certificates to them forthwith. 12. However, this order will not be a precedence in future, as this application is being disposed of in the peculiar facts and circumstances of the case.