KUNDAN KUMAR Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Senior Counsel appearing on behalf of the petitioner, learned Counsel representing the State of Bihar and learned Counsel for the Bihar School Examination Board.

(2.) The petitioner had appeared for annual secondary examination in the year 1998, held by the Bihar School Examination Board (hereinafter referred to as 'Board') as a student of Harishankar Nayak High School, Mirchaibadi, Katihar, with his Roll No. 0155 and Roll Code 11425. He was declared 'fail' since he could not clear mathematics and physics papers. He had scored 11 marks in physics and 13 marks in mathematics. There is no dispute up to this.

(3.) It is the petitioner's case that he had applied for 'reevaluation' of his answer scripts of the said two papers, along with prescribed fee before the Board. The Board re-evaluated the two papers and revised the marks in aforesaid two papers to 33 marks in mathematics in place of 13 and 15 marks in physics in place of 11, whereafter he was declared 'pass' in the said two papers and his result was accordingly published, showing him pass in second division. It is his also claim that the modified result of the petitioner was sent by the Board to the Headmaster of the school, through letter no. 865, dated 20.08.1998, enclosing therewith the revised/corrected original mark sheet, bearing no. 66438, dated 20.08.1998. It is his further case that the Board had directed the Headmaster of the school to make necessary correction in the cross-list sent to the school and intimate the result to the petitioner. The said letter no. 865, dated 20.08.1998, and the original mark sheet, bearing no. '66438' have been brought on record by way of Annexure-2 to the writ application. It is also his case that the Headmaster of the School made necessary corrections in the records, handed over the said mark sheet to the petitioner and issued School Leaving Certificate, on the basis of which he got himself admitted in Intermediate Course. He appeared for the Intermediate examination in the year 2000, in which he was declared pass. The petitioner thereafter pursued B.A. (Hons.) Course, which he cleared in second division, on the basis of examination held by B.N. Mandal University, Madhepura. The petitioner completed his LL.B. course also, in the year 2009 and has passed Teachers' Eligibility Test (T.E.T.).