UDAY SHANKAR YADAV Vs. BIHAR SCHOOL EXAMINATION COUNCIL

JUDGEMENT

(1.) The instant intra-court appeal under clause 10 of the Patna High Court Rules, has been filed challenging the judgment dated 26.07.2017 passed by the learned single Judge in C.W.J.C. No. 9556 of 2013, whereby the writ petition filed by the appellant seeking quashing of the notice no. 23 of 2013 issued in Dainik Jagran dated 26.04.2013 by the respondent no. 3, whereby the result of the appellant pertaining to Intermediate examination of the year 2004 was cancelled on the ground that earlier also he had appeared in the Intermediate examination in the year 2001 and passed the said examination.

(2.) The brief facts necessary for present purposes are that, the appellant after passing out his matriculation examination took admission in C.M. College, Darbhanga, in Intermediate in the year 1999 as an Arts student. He appeared in the said examination in 2001 and passed with 2 nd Division. He again got himself enlisted in the year 2002 in the L.C.S. College, Darbhanga, on the basis of matriculation certificate of the year 1999 in science stream as a regular student and appeared in the Intermediate examination held in 2004 and passed in 1st Division. Subsequently, notice no. 23 of 2013, under the signature of Secretary of the Bihar School Examination Board (Senior Secondary) (for short "The Board") was published in the Hindi newspaper 'Dainik Jagran' dated 26.04.2013 stating therein that the marks and certificates of the appellant obtained in 2004 Intermediate examination was cancelled on the ground that he had earlier also appeared in 2002 Intermediate examination in different stream and had passed the exam, and therefore, his appearance in the said exam for the second time in different stream is not in accordance with law and rule and the use of the said marksheet is prohibited.

(3.) The appellant challenged the aforesaid notice issued by the Board, whereby his result of having passed in Intermediate examination in the year 2004 bearing Roll Code 5109 and Roll No. 10069 stood cancelled before this Court vide C.W.J.C. No. 9556 of 2013.