KANHAIYA KUMAR SINGH Vs. BIHAR SCHOOL EXAMINATION BOARD

JUDGEMENT

(1.) FATHERS of the students have moved this Court for issue of direction to the respondent -Bihar School Examination Board to accept the registration fee and form of their sons for appearing in the Annual Secondary School Examination, 2004. Sons of the petitioners are private students and they have been tagged with G.D. Patliputra High School, Patna. A notice was published in the daily newspaper on 31.7.2003 directing to submit registration fee and form on or before 6.8.2003. The case of the petitioners is that they deposited their fee and form to the Headmaster of G.D. Patliputra High School, Patna within time. The Headmaster of the school prepared draft on 6.8.2003. It was counter -signed by the District Education Officer on the same day. When the Headmaster went to the Bihar School Examination Board to deposit the fee and form the same could not be deposited because of heavy rush. It was stated by the clerk sitting on the counter that registration fee and form will be accepted on the next day. However, it was not accepted and thus the Headmaster and the petitioners filed an application before the Chairman of the Bihar School Examination Board stating the details including that due to heavy rush and inaction of the clerk registration fee and form could not be deposited and requested that the same be accepted. However, nothing was done and thus the writ petition was filed for the relief as indicated above.

(2.) HEARD learned counsel for the parties and on consideration of submission and the material on record it is evident that the petitioners/sons of the petitioners deposited fee and form to the Headmaster of the school well within time. The draft was also prepared on 6.8.2003. The same was also counter -signed by the District Education Officer, Annexure -3. However, it could not be deposited because of rush and inaction on the part of the person sitting on the counter. If the registration fee and form of the sons of the petitioners are accepted then they shall be able to appear in the annual examination to be held in 2004. It is a matter with respect to the career of the students who, in my view, are future of the State/Country. More -over, it appears from the material on record that there was no fault on the part of the sons of the petitioners and as such I do not find any reason to allow them to suffer because of fault of some others.

(3.) LET a copy of this order be handed over to the senior counsel Mr. Shukla appearing on behalf of the Board who will hand over a copy of the same to the learned counsel for the petitioners.