SUMAN KUMARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this writ application prayer of the petitioner is to issue a writ in the nature of mandamus commanding the respondent, Bihar School Examination Board to issue provisional/original certificate and marksheet of Secondary School Examination, 1995.

(2.) SHORT facts giving rise to the present application are that the petitioner was a student of Mahanth Hanuman Saran High School, Rajapur, Mainpura and she filled up the forms with requisite fee for appearing in the Secondary School Examination, 1995. Admit card was issued to her showing her centre of examination to be Dayanand Girls High School, Mithapur. The examination was to commence from 4th of April, 1995 and in the first session, examination of History subject was to be taken. It is the stand of the petitioner that when she reached at the centre of her examination i.e. Dayanand Girls High School along with other students of her school, they were told that their examination centre has been shifted at Middle School, Kurji. Accordingly, she along with other students rushed to the Middle School, Kurji where they were told by the Centre Superintendent of that school that centre of the students of the petitioner&aposs school has not been fixed in that school. Because of shortage of time, it is the stand of the petitioner that she along with other students persuaded the Centre Superintendent to allow them to appear in the examination of the first paper from the said centre. She was so allowed to appear and her result was declared and she has been shown to have secured 20 marks in the subject of History. She was ultimately declared to have passed the Secondary School Examination in 1st Division. On that basis, she was admitted to J.D. Women&aposs College for her Intermediate education and she passed the Intermediate examination conducted by the Bihar Intermediate Education Council of the 1997 in the first division. Thereafter she has been admitted to B.A.M.S. course at Government Ayurvedic College, Bhagalpur.

(3.) COUNTER affidavit has been filed on behalf of the respondent -Board and it is the stand of the Board that the petitioner did not appear from the fixed centre and accordingly Unfairmeans Committee decided to cancel the result of the petitioner.