NAWAL YADAV Vs. BIHAR SCHOOL EXAMINATION BOARD

JUDGEMENT

(1.) THIS writ application has been filed for issuance of writ in the nature of mandamus or any other appropriate order of direction commanding the respondents to issue Examination Forms and Registration Forms of the students of Dr. Chandradeo Yadav Smarak High School, Dhanvah - Manpur, Lakhisarai and to accept the same and issue Admit Cards so that the students may appear in the supplementary Secondary School examination conducted by the Bihar School Examination Board.

(2.) SHORN of unnecessary details, facts giving rise to the present writ application are that the petitioner is the headmaster of Dr. Chandradeo Yadav Smarak High School, Dhanvah -Manpur (hereinafter referred to as the School). The school in question deposited the registration forms and fees of 1006 students on 7.6.2001 through the Principal of State aided High School, Manpur as private students, in the office of the Board. It is the stand of the petitioner that in November, 2001, the test examination of the students who intended to appear in the examination was conducted by the School and after the examination, the school published the result of successful students. After the test, the students were sent up for appearing in the examination and fees and forms were deposited. It is the grievance of the petitioner that respondent -Bihar School Examination Board (hereinafter referred to as 'the Board '), has not accepted the fees and forms and has not issued the Admit Cards for their appearance in the examination.

(3.) MR . Rajendra Prasad Singh, learned Senior Advocate appearing on behalf of the petitioner submits that the eligibility to appear in the Secondary School Examination of the Board is provided under Chapter IV of the Bihar School Examination Board Regulations, 1964 (for short 'Regulation '). He submits that Clause 3 of Chapter IV of the Regulations, inter alia, provides for eligibility of private candidates for appearing in the Secondary School Examination. He submits that Clause (3) (c) of the Regulation requires private candidates to pass a preliminary test examination held at any Government Secondary School or other Secondary School appointed by the Director of Public Instruction for the purpose and the students passing the preliminary test, are eligible to appear in the examination. He refers to paragraph 11 of the writ application and submits that students fulfill the eligibility cariteria and thus entitled to appear in the examination. In support of his submission, Shri Singh has placed reliance on a judgment of this court passed in C.W.J.C. No. 3968 of 2002 (Ram Naresh Prasad Singh V/s. The State of Bihar and others) and analogous cases disposed of on 1.5.2002.