LAWS(PAT)-2019-12-66

PRIYANKA KUMARI Vs. BIHAR SCHOOL EXAMINATION BOARD

Decided On December 18, 2019
PRIYANKA KUMARI Appellant
V/S
BIHAR SCHOOL EXAMINATION BOARD Respondents

JUDGEMENT

(1.) Heard learned counsel for the appellant and learned counsel for the Bihar School Examination Board.

(2.) In the present case, challenge is to the order dated 21.01.2016 passed by the State Human Rights Commission in connection with file no.3268 of 2014 to the extent of awarding the cost of Rs.1,00,000/- in terms of the scheme of the State Government but, the liberty has been given for realization of Rs.25,000/- from the officer at whose laxity payment could not be made and rest Rs.75,000/- would be recovered from those teachers, officers and employees, who were responsible for showing the appellant - Priyanka Kumari, to have failed in the matriculation examination.

(3.) The Bihar School Examination Board is a statutory body, has been created to hold the examination for matriculation as well as the Intermediate for those children who are studying in the Government schools or private schools. The appellant- Priyanka Kumari, has appeared in the matriculation examination but, she was declared fail. It was shown that she could secure only 05 marks in the mathematics. The Bihar School Examination Board, in exercise of power, vide memo no. K/429 dated 06.06.2014 issued public advertisement, inviting applications from the candidates who desire to get the answer book scrutinized. As per the advertisement, the candidate was required to file application for that purpose subject to payment of Rs.120/- (Annexure-1 to the writ petition). As the appellant was not satisfied with the marks granted to her, applied for scrutiny of the answer book as she was sure that she had done well but, wrongly she was granted 05 marks in Mathematics.