UDAY SHANKAR YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner has filed the instant writ application being aggrieved by the Office Order, as contained in Memo No. BSEB (SS) 173/LS/17-DAR/EX/4288/D-20, dtd. 21/2/2020, issued by the Secretary, Bihar School Examination Board, Patna (Annexure 1), whereby the result of Intermediate of Science Examination, 2004, of the petitioner, having Roll Code 5109 and Roll No. 10069, has been cancelled.

(2.) The brief facts of the case is that the petitioner, after passing out his matriculation examination, took admission in C. M. College, Darbhanga, in the Sessions 1999-2001 of Intermediate of Arts in the year 1999. He appeared in the said examination in the year 2001 and passed with second division. He again got himself enlisted with the Bihar Intermediate Education Council, in the year 2002 in Intermediate of Science from the L.C.S. College, Darbhanga, on the basis of his matriculation certificate of the year 1999 as a regular student in Science stream and appeared in the Intermediate of Science Examination, 2004 and passed with First Division. On the basis of result of Intermediate of Arts Examination, 2001, the petitioner also got admitted in Graduation course.

(3.) A notice was published by the Bihar School Examination Board in the Hindi newspaper 'Dainik Jagran' on 26/4/2013, stating therein that the Intermediate of Science certificate obtained by the petitioner in the year 2004 stands cancelled on the ground that he had also appeared in the Intermediate Examination held in the year 2001 in different stream and had passed the said examination with Second Division. Therefore, his appearance in the Intermediate Examination for the second time in different stream is not in accordance with Rules/Regulation.