RAMBABUSINGH Vs. BIHAR SCHOOL EXAMINATION BOARD

JUDGEMENT

(1.) I t is unfortunate that we have large number of cases of this type before this Court, and most of them are unnecessary and frivolous. In the instant case the petitioners are the Head Master of Sri Siyaram Singh Yadav High School Sbahpur, Daudpur, and one of its students. The grievance of the petitioners is that the respondent Board has acted contrary to the provisions of the Rules and Regulations by not issuing registration numbers to 773 students of the School in question after accepting registration fee. They contend that the aforesaid school is a nationalised School and as such under the Regulation it is authorised to send up such candidates for taking the Secondary School Examination who have completed their courses of study in the School.

(2.) In the instant case it is brought to our notice that the Board has issued registration numbers only to 211 students and not to all the students who had applied for registration numbers.

(3.) A counter-affidavit has been filed on behalf of the Bihar School Examination Board. The stand of the respondent Board is that according to the information available to it, there were only 147 regular students in the school. Consequently as early as in the month of September, 1992, the Principal of the School was called upon to produce the necessary records before the Board so that the Board could satisfy itself about the number of regulation students of the school. The case of the Board is that those records were not produced before it despite reminders, but there was a report from the S. D. O. (Education) that there were only 149 regular students in the said school. Consequently when such large number of applications were sent to the Board, the Board refused to grant registration numbers to all the students, because no information was furnished to it pursuant to the request made by the Board to produce the record before it.