AJIT KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Vaidehi Raman Prasad Singh for the petitioner, learned junior counsel to Government Pleader No. VIII for respondent No. 1 (The State of Bihar), and Mr. J. P. Shukla for respondent Nos. 2 and 3 (Bihar School Examination Board and its functionaries).

(2.) Two petitioners have joined this writ petition to set aside letter No. 5415, dated 7-11-2001 (Annexure-12 series) to the extent it concerns the petitioners and for a further direction to the Bihar School Examination Board (hereinafter referred to as the 'Board') to issue marks-sheets and the certificates of the petitioners, results whereof have already been published.

(3.) According to the writ petition, the petitioners had appeared at the Matriculation Examination of 1999 held by the Board as a private candidate of N. K. High School, Brahampur, Masaurhi, District Patna. Petitioner No. 1 (Ajit Kumar) was allotted Roll No. 938, and petitioner No. 2 (Dip Himanshu Dip) was allotted Roll No. 937. Their Admit-cards are marked Annexure-3 series. Whereafter results were published and the names of the petitioners figured amongst the successful candidates. However, by the impugned order dated 7-11-2001, the Board has cancelled the result of all the private candidates of the school in question on the ground that they had not appeared at the pre-test examination. Hence this writ petition.