MANOJ KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner seeks quashing of Office Order, dated 17.01.2014, bearing Memo No. 114, issued by the Examination Controller, Bihar Combined Entrance Competitive Examination Board (hereinafter referred to as 'BCECEB'), whereby provisional allotment order for admission of the petitioner to diploma course in engineering in Government Polytechnic (Gaya) has been cancelled.

(2.) The petitioner had applied for Diploma Certificate Entrance Competitive Examination (DCECE), 2010, held by BCECEB. The examination was held on 25.04.2010. The petitioner claimed that he had appeared for the said test with his Roll No. 90106105. He qualified in the said examination and was called for counselling on 11.06.2010, when hand-writing sample of the petitioner was taken for the purpose of matching/tallying it with the petitioner's hand-writing taken on the O.M.R. answer sheet of the said examination, on the date of examination.

(3.) It is noteworthy that in order to obviate any chance of impersonation in competitive entrance examination, BCECEB had been following a system in which a candidate was made to write one passage in Devanagari at prescribed space on the O.M.R. answer sheet of respective competitive examination. At the time of counselling of candidates, successful in the written examination, sample hand-writing of the candidate was taken again in the presence of the officials holding counselling. The two samples of hand-writing, one taken on the O.M.R. answer sheet on the date of examination and the other taken at the time of counselling were, thereafter matched/compared so as to ensure that both the hand-writings were of the same person. In case, there appeared to be any doubt over the said hand-writings not matching, the BCECEB used to send the two samples of hand-writing to Forensic Science Laboratory for comparison. The candidates were, in the mean while, issued provisional allotment of a college for admission to polytechnic course, subject to final hand-writing verification report of the Forensic Science Laboratory, provided the concerned candidate submitted an affidavit stating that he would accept the decision of the BCECEB based on the hand-writing verification report, submitted by the Forensic Science Laboratory.