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Jharkhand High Court · body

2013 DIGILAW 716 (JHR)

Bibash Kishore Jha v. State of Jharkhand

2013-06-20

JAYA ROY, PRAKASH TATIA

body2013
ORDER By the Court.–The grievance of the writ petitioner is that about 92 students of Gope Bandhu High School, Hamanda PO. & P.S.-Rajnagar, Distt.-Seraikala, Kharsawan has been denied opportunity to appear in the ensuing matriculation examination which were scheduled to be held on 22.2.2013. Before this Court learned counsel for the Jharkhand Academic Council on 20.2.2013 informed that the Jharkhand Academic Council has given Admit Card to only 258 students. Learned counsel for the petitioner in rejoinder has placed on record the list of 343 students and that list is of Jharkhand Academic Council. 2. However, the notices were issued to the school by order dated 20.2.2013 and the said school has filed the counter and stated that after verification of the school record it was found that the school admission register contains the names of 350 students for initial examination on Class-IX & X of school and 343 students have been allowed to appear in matriculation examination but the transfer certificate of 258 students only is available in the school record. It is also stated in the affidavit in Paragraph-14 that from the verification of school admission register it was found that only admission of 258 students were valid because these students were admitted in the school on the basis of transfer certificate and they have appeared in final examination of Class-IX and passed successfully and rest of the students out of 315 either have not appeared in the such examination of Class-IX or are students of Class-7 & 8 of the school only. 3. Counsel for the petitioner vehemently submitted that all students were admittedly admitted in the school and they paid the requisite fees of the school also and thereby these students have been cheated. 4. Learned counsel for the Jharkhand Academic Council has submitted that they have given admit card to these students who in fact passed the ninth examination. 5. The schools stand is that after finding the wrong committed by former Principal of the school mainly Gopal Pradhan has been removed from the post and new Headmaster has been appointed. 6. We are of the considered opinion that this cannot be an end of the event by removal of the Headmaster of the school in such matter where large number of students may have been cheated. 6. We are of the considered opinion that this cannot be an end of the event by removal of the Headmaster of the school in such matter where large number of students may have been cheated. Therefore, the respondent-State and particularly Human Resource Department is directed the lodge the F.I.R. without any delay against the said Headmaster as well as against the Management of the school which may be investigated by the police authority and who may find out the real culprit who has cheated the students. 7. The Education Department may also look into the matter and find out that if there is more or other irregularity in the school and if there is any more irregularities then what action can be taken against the school. 8. The progress report be submitted by the State Government within a period of four weeks from today. 9. Copy of the order be given to the counsel for the State. Ordered accordingly.