LAWS(PAT)-2006-1-86

ARCHANA KUMARI Vs. STATE OF BIHAR

Decided On January 20, 2006
ARCHANA KUMARI Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and learned counsel for the Bihar School Examination Board.

(2.) PETITIONER appeared in the annual examination of Bihar School Examination Board but her result has not been published. This application has been filed for a direction to respondent -authorities of the Board, firstly, for correction of the name of the subject in which the petitioner appeared in the examination as a candidate and secondly, for publication of the result.

(3.) COUNTER -affidavit has been filed on behalf of respondent -Board wherein it has been admitted that in the tabulation register, in place of the subject Domestic Science, Economics was mentioned but that was corrected and marks has been awarded in Domestic Science in place of Economics. Petitioner secured 47 marks in theory paper of Domestic Science but no marks in the practical paper could be posted as she was declared absent is practical paper. Her result was kept pending because every student has to pass both in theory as well as practical papers. So far petitioner is concerned, she did not appear in practical paper of Domestic Science, which is proved from the fact that practical examination papers of all other students, who appeared in the same, have been sent from the school to the Board. So far the petitioners case is concerned, she has been marked absent. Considering the fact that petitioner has not appeared in the practical paper of Domestic Science and it is mandatory that student has to pass in the practical paper also, finally, the result of the petitioner waspublished in which she was shown fail and her mark -sheet has also been sent to the Head -master of the concerned school, which has been annexed as Annexure -A. In support of the statement made in the counter -affidavit, original tabulation register of the year 1999 of annual examination has also been produced in the court and the statement made in the counter -affidavit has also corroborated by the tabulation register.