BHUPENDRA NARAIN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS writ petition has been filed as a Public Interest Litigation. Basically, the main relief which is being sought is that the Bihar School Examination Board as referred to in. The Bihar School Examination Board Act, 1952 (Bihar Act 7 of 1952) be reconstituted so that it functions as a Board and not as a superseded Board, as at present under an Administrator.

(2.) SERIOUS allegations have also been made of the manner in which results of public examinations have been tampered and engineered to suit result -seeking candidates shown as brilliant examinees, and yet these candidates have failed further examinations in other States. It is contended that this is giving a bad name to Bihar. Media reports on this have been appended. The explanation of the respondent is not satisfactory. Setting up an inquiry and re -examination is in itself an acceptance of bunglings and irregularities in public examinations conducted by the State. Further, Senior Advocate for the petitioner contends that the vires of Section 10A has been challenged, as the law which prescribes supersession of corporate institutions is not democratic.

(3.) THE Court gets an impression that the State Government seems to be dragging its feet in constituting this Board prescribed by law and the Court was told in February last and is being told again, today, that the State Government will constitute the Board after 30 June, 2002 when the process of examination is over. The examinations, High School, in any case are over. In fact, in the affidavit of the Director, Secondary Education, it is accepted that the State Government is "contemplating" to constitute the Board. If the State Government is indeed serious then the Board should have been constituted by now. The fact that the Bihar School Examination Board should and ought to function as a constituted Board, as prescribed, is the normalcy of the situation. Not to have a constituted Board and to run it otherwise than prescribed is an abnormality and against the law.