Secretary, Bihar School Examination Board, Patna v. Mamta D/o Tarkeshwar Prasad
2013-01-21
AHSANUDDIN AMANULLAH, R.M.DOSHIT
body2013
DigiLaw.ai
ORDER : R.M. DOSHIT, J. 1. Feeling aggrieved by the order dated 7th August 2012 made by the learned single Judge in C.W.J.C. No. 14155 of 2012, the respondent Bihar School Examination Board (hereinafter referred to as “the Board”) has preferred this Appeal under Clause 10 of the Letters Patent. 2. The respondents-writ petitioners claim to have undergone a teachers training course in the academic session 1986-88 and 1987-89 respectively from Simant Gandhi Primary Teacher Training College, Katihar, admittedly, a College not recognized by the Government of Bihar. On perusal of the record it appears that the students of the said College were not permitted to take examination. Feeling aggrieved, one Wasif Akhtar approached this Court in C.W.J.C. No. 9506 of 1989. Under order dated 29th June 1990, some 100 students of the said College for the academic session 1986-88 and 1987-89 were permitted to take the ensuing examination scheduled to commence on 9th July 1990. The Court further directed that the students will take examination at their own risk and the result would not be declared until further orders. Since then no further order was made on the said petition except that it was dismissed for non-prosecution. More than 20 years thereafter the writ petitioners approached this Court for a direction to declare their result. The learned single Judge has allowed the petition and has directed the Board to declare the result of the writ petitioners. Therefore, this Appeal. 3. Although the writ petitioners have approached this Court 20 years after they took the examination, the petitioners have not explained the delay. Besides, there is no proof that the petitioners had indeed attended the said College or that they had taken examination at the relevant time. In any view of the matter, their results cannot be declared 20 years after the examinations were conducted. 4. Appeal is allowed. The impugned order dated 7th August 2012 made by the learned single Judge in C.W.J.C. No.14155 of 2012 is set aside. C.W.J.C. No. 14155 of 2012 is dismissed. 5. Interlocutory Application No.6926 of 2012 stands disposed of.