Dhananjay Sharma, S/o Neelkanth Kumar v. State of Bihar
2022-05-18
SANJEEV PRAKASH SHARMA
body2022
DigiLaw.ai
ORDER : 1. Heard the parties. 2. The case is being taken up from defect side. 3. Learned counsel for the petitioners is directed to submit the original petition along with attested affidavits and also remove all the defects pointed out by the Registry within two weeks from today. 4. Learned counsel appearing for the Bihar School Examination Board, Patna (hereinafter referred to as the ‘Board’) has reiterated the stand taken earlier that as per the regulation, there is no bar to appear in the Board Examination if the candidate has not appeared in the sent-up examination conducted by the schools. This Court accepts the submissions and it is noticed that student appearing in the preliminary examination conducted by the school before the Board examination, may not be able to appear for reasons beyond his control. However, his earlier school reports and performance are sufficient for the school to send his name to the Board for allowing him to appear in the Board examination. 5. Allowing the school to restrain the student from appearing in the Board examination after he has been a regular student of the school, may be putting the school administration authorities in a situation where they may act arbitrary or for extraneous reasons and considerations. A young boy should not be allowed to be placed in such a precarious situation. 6. In view thereof, this Court holds that no student should be denied to appear in Board examination solely on the ground that he has not appeared in the preliminary examination conducted by the school which are conducted prior to Board examination. Moreso, as a result of the preliminary examination has no relation with the result of the Board examination. 7. In view of the above, the interim order passed by this Court dated 20.04.2022 is made absolute. The petitioners who have already appeared in the examination shall be treated as regular students for all purposes and their results shall be declared accordingly. 8. The writ petition is allowed in the aforesaid terms. 9. To the said extent, the regulation of the Board shall be read down so that there is no ambiguity left.