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2006 DIGILAW 752 (PAT)

Prafull Kumar Choudhary v. Bihar School Examination Board

2006-08-23

body2006
ORDER Petitioners appeared in the examination conducted by the Bihar School Examination Board in the month of November, 2004. The Board is not issuing the result of the said examination in so far as the petitioners are concerned. Petitioners have, therefore, approached this Court by filing the present writ petition. 2. In the counter affidavit it has beer, stated by the Board that the Board could not publish the result of the petitioners inasmuch as part of the form which was required to be filled in by the District Superintendent of Education had not been filled in. The part of the form which was required to be filled in by the District Superintendent of Education had not been filled in. The part of the form which was required to be filled in by the District Superintendent of Education required supplying of appropriate information pertaining to appointment of the petitioners as teachers. 3. Admittedly this part of the form has not been filled in. After this part, the District Education Officer and the Regional Deputy Director of Education are required to certify that the candidature of the candidates has been verified. The District Education Officer as well as the Regional Dy. Director of Education has duly signed that part and thereby certified that the candidature of the petitioners are genuine. 4. It has now been contended by the learned counsel for the State and also by the Board that a report has been received to the effect that the petitioners were not genuinely appointed as teachers, and accordingly the Government has passed an order directing the Board not to publish the results of the petitioners. Before passing any such order, it was incumbent upon the Government to take action against the District Education Officer as well as the Regional Dy. Director of Education, who signed the said forms and thereby certified that the candidature of the petitioners are genuine. 5. In those circumstances, this writ petition is allowed with a direction upon the Board to publish the results of the petitioners forthwith ignoring the said order of the Government dated 19th August, 2006. 6. This disposes of the writ petition. 7. Learned counsel for the Board Mr. Shukla has drawn my attention to that part of the contents of the order which suggests that the petitioners appeared in the examination on the strength of an interim order passed by this Court. 6. This disposes of the writ petition. 7. Learned counsel for the Board Mr. Shukla has drawn my attention to that part of the contents of the order which suggests that the petitioners appeared in the examination on the strength of an interim order passed by this Court. No such interim order has been produced either by the State or by the Board before me and the learned counsel for the petitioners stated categorically that the petitioners had appeared without there being any order to support their appearance.