SMITARAJ Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD Mrs. Mahasweta Chatterjee for, the petitioner, Mr. Sanjay Prakash Verma learned junior counsel to Government Pleader No. 1, and Mr. Gyanendra Shukla for the Bihar School Examination Board and its functionaries.

(2.) ACCORDING to the writ petition, the petitioner had appeared at the matriculation examination held by the Board in 1999. She was allotted Roll Code No. 6317, and Roll No. 152. A photocopy of the admit - card is marked Annexure -2 to the writ petition.The petitioner was declared to have passed the examination in the second division. Photocopy of the results published by the Board is marked Annexure -3, and petitioners marks -sheet is Annexure -6, to this writ petition. It is further stated in the writ petilion that the Board has published advertisement No. 20/99 (Annexure -4), calling upon the candidates of the aforesaid examination for "Punarikshan" of the answer -books on payment of fee stated therein. After the results were published, the petitioner learnt that answer -books of the candidates including herself were examined by Class III employees of the State Government because of the on -going strike of the School Teachers in Bihar. Hence this writ petition.

(3.) I have perused the materials on record and considered the submissions of learned, counsel for the parties. The petitioner has made categorical statements in paragraphs 4 and 6 of the writ petition that answer -books of the candidates of the said examination including the petitioner were examined by the Clerks of some of the private intermediate colleges because of the on -going, indefinite strike of Secondary eachers Association. Paragraphs 4 and 6 ere set out hereinbelow for the facility of sitck reference: