BINOD KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD counsel for the parties.

(2.) AT the initial stage preliminary objection was raised by Mr. J.P.Shukla, learned counsel appearing on behalf of the Bihar School Examination Board (hereinafter referred to as the Board) about the maintainability of this application as it has been filed by the guardians of four of the students who are desirous to appear in the ensuing matriculation examination to be held from tomorrow i.e. 6th March, 2003.

(3.) EVEN assuming that the petitioners wards are minors, the petitioners cannot be allowed to represent all the students numbering 262 in all who have not been allowed to appear in the ensuing examination. The petitioners may spouse the cases of their wards only four in number namely Sidharth Kumar, Anshu Kumar, Babul Kumar and Ketan Raj Ranjan. This writ application, therefore, would be maintainable for those students as referred to above. But in larger interest of the students, the interest of similarly situated students should not be allowed to be jeopardised and this court should safeguard their interest as well.