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2007 DIGILAW 1244 (PAT)

Rubi Kumari v. Bihar School Examination Board

2007-07-30

NAVANITI PRASAD SINGH

body2007
Judgment 1. Heard. 2. The petitioner has filed this writ application for a direction to the Bihar School Examination Board and the Headmaster, Barda High School, Gaya to issue final passing certificate of the Secondary School Certificate Examination conducted by the said Board. The petitioner states that she has appeared in the said examination in the year, 1998 and she was declared pass. She was issued marksheet and provisional passing certificate by the Board. She was not issued final passing certificate as issued by the Board. When this writ application was filed, the Board took initially a stand that the final passing certificates of the 1998 examination were duly sent. This was controverted on behalf of respondent No 4, the Headmaster of the said school who filed a counter affidavit and brought on record communications showing that in 2003, for the examination of 1998, the Headmaster had informed the Board that it had not received the final passing certificate. The said final passing certificates are said to have been despatched in June 2000 itself. Enquiries have been made in July 2003. Thereafter, the Board issued a notification dated 25.9.2004 being notification No. 30 of 2004 by which it cancelled the final certificates as being lost. Once this affidavit was filed, the Board has now filed a fresh counter affidavit stating that in fact the final passing certificates, which were despatched in the year 2000, were lost in transit and, as such, admitted that in 2004, they issued a notification cancelling those but nothing was done till this writ application was filed when now during pendency of the writ application, fresh final passing certificates in respect of the students of the year 1998 have been sent to the school in question and received therein. 3. The aforesaid facts show a very dismal and grim situation. Neither the school nor the Board seem to be least sensitive about the students or their responsibility to the students or discharge of their responsibility as per their charter. The total indifference shown by the Board calls for a special mention. The Board clearly admits that in respect of examinations conducted and results declared in the year 1998, it sent the final passing certificates in the year 2000. The reason for the delay is unexplainable. The total indifference shown by the Board calls for a special mention. The Board clearly admits that in respect of examinations conducted and results declared in the year 1998, it sent the final passing certificates in the year 2000. The reason for the delay is unexplainable. Once results are published and provisional certificates could be issued, this Court fails to understand why final certificates couid not be issued simultaneously. Then once after two years of the final certificates were despatched, Board made no attempt to verify whether schools had received the same. As no time is apparently fixed for despatch of final passing certificate, the school appears to be unaware of the despatch. It appears in 2C/03, some students sought the certificates and the correspondence between the school and the Board reveal that the Board found that the certificates sent in the year 2000 were lost in transit. It promptly issued a notification in 2004 cancelling those certificates and then went into deep slumber totally insensitive to the rights of the students. I say so because if the Board was conscious of its responsibility and duty then simultaneously with the notification cancelling the certificates issued in 2000, it should have promptly issued fresh certificates and despatched, it to the school for being distributed to the students. It did not do so and apparently for some undisclosed reason again waited someone to approach it. They again woke up only in 2007 when this writ application was filed. Thus, it would be seen undisputedly that right from 1998, Board, which has been established under a Statute by the State Government, failed to perform its duty and discharge its obligation in the manner required by law and being totally insensitive to achieve position of its responsibility to the students as a whole. This, as noticed earlier in my order dated 23.7.2007, calls for an exemplary cost. The Board is directed to deposit an exemplary cost of Rs. 50,000/- with the Patna High Court Legal Services Committee within a period of three weeks from today and file a copy of the receipt showing the said payment in this case. The Board will be at liberty to identify the persons in its office who are responsible for this unseemingly arbitrary and negligent actions. 4. With these observations, this writ application is disposed of. 5. The Board will be at liberty to identify the persons in its office who are responsible for this unseemingly arbitrary and negligent actions. 4. With these observations, this writ application is disposed of. 5. Let a copy of this order be sent to the Secretary, Department of Human Resources in the Directorate of Secondary Education for necessary information and action in this regard in the hope that in future, such lapses do not take place. 6. A copy of this order may also be given to the learned Standing Counsel for the Bihar School Examination Board.