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2010 DIGILAW 702 (JHR)

Sapna Kumari v. Jharkhand School Examination Board

2010-07-05

RAKESH RANJAN PRASAD

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JUDGMENT : R.R. Prasad, J. This writ application has been filed for directing the respondents particularly to the Secretary, Bihar School Examination Board to issue original certificate and marks sheet of the Secondary School Examination to the petitioner who passed the said examination in the year 1997 from Bihar School Examination Board, Patna. 2. It is the case of the petitioner that the petitioner, a student of H.E.C. Girls' High School, Dhurwa got herself registered with the Bihar School Examination Board in the year 1996, vide Registration No. 111-18/4029. In the subsequent year, the petitioner having Roll Code No. 0-111, Roll No. 70, Admit Card No. 180609 appeared in the Secondary School Examination from the centre Bethesda Girls' High School (Behind Grosner College, Ranchi). When the result was published, the petitioner did find her result to have been withheld. Later on, it could be known from the cross list received by the H.E.C. Girls' High School, Dhurwa that the petitioner has been shown wholly absent and presumably for that reason, result of the petitioner had been withheld. Immediately thereafter the petitioner filed an application before the Head Mistress of the school raising her grievance that she has been shown to have absented herself from the examination but, in fact, she had appeared in each and every paper which fact on verification of the record was found to be correct. Here also Annexure A to the counter affidavit filed on behalf of respondent No. 5, Head Mistress of the Bethesda Girls' High School shows about the attendance of the petitioner on each and every paper of the examination and even the copy number used by the petitioner has been given. Having verified all these matters, corrected cross list (Annexure 2/1) was issued wherein marks obtained by the petitioner in the subject in which she had appeared were put in by hand and not by computer and on that basis, corrected mark sheet (Annexure 2) by putting marks by hand was issued, though other entries were computerized. In course of time, the petitioner passed Intermediate Examination and then B.A. Economics (Hons.) in 1st Division. 3. In course of time, the petitioner passed Intermediate Examination and then B.A. Economics (Hons.) in 1st Division. 3. It is also the case of the petitioner that meanwhile, the petitioner made several representations through the school to the Secretary, Bihar School Examination Board, Ranchi for issuance of original mark sheet and the certificate and one such application was filed on 14.11.2000 but nothing was done by the authority in this respect. Therefore, there was no option for the petitioner but to move to this Court. 4. A counter affidavit has been filed on behalf of the respondent No. 2, Bihar School Examination Board, wherein it has been stated that the records available in this respect and the tabulation register do indicate that the petitioner has not appeared at all in the examination and, therefore, entry has been as 'wholly' absent' and that whatever correction is made in the certificate and in the tabulation register, that is done under the order of the Chairman/ Secretary. But no such order is available either in the Board's office or even in the school where intimation would have been given if had there been an order of rectification. Therefore, in absence of all these materials, corrected tabulation chart and the mark sheet annexed as Annexures 2 and 2/1 can easily be taken to be a forged documents. 5. It has also been stated that in order to have full verification in the matter, Board had deputed a person to get the relevant documents from the H.E.C. Girls' High School but nothing was made available on the plea that no such document even cross list and the mark sheet is available and as such doubt over those documents being forged gets further strengthened as in absence of the original document how attested photo copy can be issued. 6. It has been further stated that in this respect enquiry was even made from the Jharkhand Academic Council but nothing fruitful came out as it was communicated that all the records of the year 1990 to 1997 had been submitted before the Board. 7. 6. It has been further stated that in this respect enquiry was even made from the Jharkhand Academic Council but nothing fruitful came out as it was communicated that all the records of the year 1990 to 1997 had been submitted before the Board. 7. On the aforesaid facts Learned Counsel appearing for the petitioner submits that when a certificate, has been issued by the Principal of the School from whose school the petitioner had appeared in the Matriculation Examination, that petitioner had appeared on each and every date of the examination arid even number of copy used by the petitioner has been mentioned, there remains no doubt that the petitioner did not appear in the examination and, therefore, whatever entry was there in the tabulation register of the Board about the petitioner being absent wholly that was incorrect in that event on the objection made by the petitioner, the matter was verified, and corrected tabulation chart and the mark sheet was issued and, therefore, now Bihar School Examination Board cannot be allotted to say that the petitioner did not appear in the examination and, as such, he is duty bound to supply the original mark sheet and the certificate. 8. However, stand of the Board is that the record including the tabulation register maintained in the office of the Board do show that the petitioner had been absent through out the examination and that no record is there with the Board showing any order of the Secretary/Chairman of making correction in the tabulation chart nor there is corrected tabulation chart with the Board and even the Principal of the school where the petitioner was a student could not furnish either the original corrected copy of the tabulation chart or original corrected mark sheet said to have been supplied by the Board nor those corrected photo copies are having seal of the Board and as such, in absence of any original copy, attested copy of the said document certainly raises strong suspicion over its genuineity. 9. Thus, apparently there appears to be Serious disputed question of fact but on that ground if the case is dismissed, then there may be injustice to the petitioner if, in fact, she had appeared and took the examination. 9. Thus, apparently there appears to be Serious disputed question of fact but on that ground if the case is dismissed, then there may be injustice to the petitioner if, in fact, she had appeared and took the examination. But at the same time, it would also not be fair to allow the application on the basis of certain documents furnished by the petitioner without there being an enquiry over the matter from all angles by an independent agency to bring forth the truth, as had been done earlier in a similar kind of the case bearing C.M.P. No. 9 of 2003 Naresh Prasad Singh v. State of Bihar and Ors. 10. Accordingly, the enquiry of the matter is hereby entrusted to D.I.G (C.I.D.), Ranchi so that all the persons concerned including the then Principal-cum-Centre Superintendent of Bethesda Girls' High School and the Principal of the H.E.C. Girls' High School, present and past and also the relevant documents available on the Board's office and the office of both the school be examined. 11. Let a report be submitted to this Court after completion of the enquiry within three months from the date of receipt/production of a copy of this order. 12. Let a copy of this order be communicated to the D.I.G. (C.I.D.), Ranchi and at the same time, copy of the order be also handed over to Learned Counsel appearing for the State for doing needful in the matter. 13. Let this matter be listed after three months on receipt of the enquiry report. Ordered accordingly.