NEHA Vs. BIHAR SCHOOL EXAMINATION BOARD

JUDGEMENT

(1.) The petitioner who is a minor girl and had appeared in matriculation examination conducted by the Bihar School Examination Board in March, 2004 has filed this writ application for quashing the order bearing Memo No. 1185 dated 30.9.2004 Annexure-5 whereunder Board has refused to publish her result on the ground that the residential certificate which was filed at the time of registration of the petitioner for appearing in 2004 matriculation examination was not issued by the competent authority. Petitioner has further prayed for direction to the Board and its authorities to declare her result. For similar relief petitioner had earlier come to this Court and had filed CWJC No. 7919/04 which writ application alongwith other connected writ cases was heard and disposed of by a Single Judge of this Court who under order dated 2.8.2004 directed the Board to declare the result of the petitioner. Against the aforesaid order dated 2.8.2004 Board preferred LPA No. 869/04 which was disposed of under order dated 14.9.2004 (Annexure 2) since reported in 2004 (4) PLJR 345, whereunder Division Bench of this Court set aside the order dated 2.8.2004 and directed the Board to notice the petitioner and pass a reasoned order after considering her show cause reply and the documents filed in support thereof. In compliance of the aforesaid direction of this Court Board issued notice dated 22.9.2004 as contained in Annexure-3 calling upon the petitioner to show cause as to why her result be not cancelled. In compliance of the aforesaid notice petitioner filed her show cause reply dated 27.9.2004 (Annexure-4) whereunder in para 7 she candidly admitted that the residential certificate which was filed at the time of registration was one which was not issued by the competent authority as her father and uncle who had gone to obtain the residential certificate from the Circle Office, Patna Sadar were accosted by touts and the certificate obtained by them may not have been issued by the competent authority. Having said so, she annexed alongwith the show cause another residential certificate subsequently obtained from the competent authority. With reference to the two residential certificate one which was not issued by the competent authority and filed at the time of registration and the other obtained from the competent authority but was subsequently filed alongwith the show cause it was submitted that her address in the two certificates is one and the same which is also corroborated by the affidavit of her father filed at the time of registration. On the basis of the address indicated in the two residential certificate and the affidavit she further submitted in the show cause that as she has become the victim of touts loitering in the Circle Office, Patna Sadar her subsequent residential certificate may be accepted and her result be published. For ready reference it is meet and proper to incorporate paragraph 7 of her show cause hereinbelow :

(2.) Board having considered the aforesaid show cause has passed the impugned order dated 30.9.2004 (Annexure-5). Perusal whereof indicates that same has been rejected only on the ground that the petitioner had not filed residential certificate obtained from the competent authority at the time of her registration for appearing in 2004 Board examination.

(3.) During hearing of this application Sri Nawal Kishore Singh learned counsel for the petitioner has invited my attention to Chapter IV and V of the Board Regulation, 1964 (hereinafter referred to as 'Regulation') and has submitted with reference to regulation 19 that Board is empowered to cancel the result of a candidate if it is affected by error or fraud or if the candidate is privy to fraud. From the show cause it is evident that petitioner herself has become victim of fraud committed on her by the touts loitering in office of Circle Officer, Patna. No sooner it was realised that petitioner and her father has been duped by the touts another residential certificate duly obtained from the Circle Officer Patna was filed alongwith the show, cause. He further submitted that the address of the petitioner as indicated in the two residential certificate as also affidavit which was filed at the time of registration being the same no fraud was committed by her and the Board in proper appreciation of her show cause should declare her result.