SARSHWATI KUMARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD the parties.

(2.) THE prayer made in these writ application is to quash various orders passed by Bihar School Examination Board by which the results of private candidates of various schools in the district of Rohtas have been cancelled on the ground that as per an inquiry by Officers of Education Department submitted through the District Magistrate, Rohtas in most of the schools copies of sentup test were not found available and hence it was doubtful whether the private candidates from such schools had actually taken the sent -up test or not.

(3.) SO far as the new ground for withholding/cancelling examination mentioned in this order is concerned it appears from one of the orders of this court contained in Annexure -B to the counter affidavit of the State that to meet this ground this court gave liberty to the candidates/petitioners to approach their respective schools and if they so approached their respective schools then the school authorities were directed to forward their respective evidence/answer books of preliminary test/sent up test, to the Board within 15 days, failing which it will be presumed that no such answer book exists in the school. Learned counsel for the petitioners submitted that on the basis of aforesaid observation/liberty some candidates have approached with answer books and their results have been cleared but this practice may encourage a corrupt practice of preparing or creating such answer books later and such wrong practice may benefit undeserving candidates whereas those who may have actually passed the sent up examination may be deprived of their result only because they may not indulge in such practice. It has further been submitted that there is no requirement existing from before, that the schools in question must preserve the copies of sent up test/preliminary test for any period of time for the purpose of enquiry etc.