NEHA KUMARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Ram Bilas Mahto for the petitioner, learned JC to GP VIII, and Mr. Shashi Anugrah Narain for respondent No. 2 (Bihar Intermediate Education Council).

(2.) According to the writ petition, the petitioner appeared in the Intermediate Examination held in February, 2003, and the results were published. The petitioner's mark-sheet disclosed that she has scored nil marks in Physics Paper II. She had, therefore, applied for scrutiny of the answer-book which was acceded to, and the scrutiniser reported "No change", which led to the present writ petition. The petitioner complains before this Court that she had done fairly well in Physics Paper II, as other papers which position is manifest from the mark-sheet. She, therefore, prays for re-evaluation of the answer book.

(3.) In view of the order of this Court, learned counsel for respondent No. 2 produced the answer-book of Physics Paper II on 13-4-2005 which indeed has shown that all the pages of the answer-book are blank However the handwriting on the cover page ot the answer book appeared to be different from her signature on the affidavit page of the present writ petition causing suspicion Therefore, with consent of the parties, the petitioner was directed to appear before the Chairman of the respondent Council on the specified date, who was to give full hearing to the petitioner and it was open to her to be accompanied with her father and/or lawyer The petitioner did appear before the Chairman of the respondent Counsel, who has submitted his report dated 20-4-2005 to this Court with a copy to the learned counsel for the petitioner The same in its entirety is set out herebelow for the facility of quick reference - REPORT Miss Neha Kuman (Code 8401, Roll No 10354) a student of G D College, Begusarai, appeared at the Intermediate Science Ex animation, 2003 at Co operative College, Begusarai Centre The result of Intermedi ate Science, 2003 was published on the 29th May, 2003 and the candidate secured the marks given below - <FRM>JUDGEMENT_151_AIR(PAT)_2005Html1.htm</FRM> In Physics Paper-II the marks awarded to the candidate is Zero only whereas she secured 46 marks in Physics Paper I Seeing the over all performance of the Candidate, Zero mark in Physics Paper II is not only improbable but creates suspicions also The candidate applied for scrutiny on the answer book of Physics Paper-II and in the scrutiny report, there was no change By the time she moved to Hon'ble High Court, Patna for justice, all the answer books of the exam 2003 were disposed off The answer book of Physics Paper II, stored due to scrutiny was produced before the Hon'ble High Court (CWJC No 1345/2005) After examining the case in details, the following facts came to light