SATYENDRA PANDEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD the parties.

(2.) PETITIONERS claim to be regular students of Ram Charan Singh High School, Ibrahimpur, Shribigha, P.S. Sakurabad in the District of Jehanabad. They are aggrieved by withholding of their matriculation result by the Bihar School Examination Board. It appears that earlier some students of this school had moved this Hon 'ble Court through C.W.J.C. No. 7742 of 2000 and that writ application along with some other writ applications was disposed of by order dated 24.8.2000 contained in Annexure -2. However, a perusal of that order (Annexure -3) a subsequent order by the Secretary of the Bihar School Examination Board shows that the said writ application was disposed of on an erroneous presumption that result of regular students of this school had been withheld for want of certificate of residence. Now it transpires that the results of regular students of this school have been withheld/cancelled in view of enquiry report contained in Annexure -A which has created a suspicion that it does not appear possible that there were 1419 regular students in this school who could be sent up in the matriculation examination in one year. To come to this inference the authorities have placed reliance upon the fact that there is limited accommodation available in the school and that admission register and T.C. guard file was not made available at the time of inspection to verify the admission of such number of regular students. A perusal of Annexure -A shows that there were nine rooms in the school out of which at the time of inspection three were being used for the purpose of teaching. It further appears that at the time of inspection one officiating Headmaster was present who informed the inspecting team that admission register and T.C. guard file etc. were not with him and such documents may be with the regular Headmaster.

(3.) LET a copy of this order be given to learned counsel appearing for the Bihar School Examination Board.