MOHAMMAD OBAIDULLAH Vs. BIHAR INTERMEDIATE EDUCATION COUNCIL

JUDGEMENT

(1.) Heard the counsel for the parties. In this writ application the petitioner prays for issuance of an appropriate direction upon the respondents-Bihar Intermediate Education Council, Patna for making necessary correction in the result of the petitioner who appeared in the examination of Intermediate Arts conducted by the respondents for the Sessions 1997-99 and also for payment of compensation.

(2.) Petitioner's case is that he had appeared in I. A. examination in 1997-99 session conducted by the Intermediate Education Council. The petitioner was declared fail as he was shown absent in Urdu (NRB) compulsory paper though he had cleared all the other papers. The petitioner was surprised and for that he wrote a letter to the Additional Secretary, Bihar Intermediate Council, Patna through the Principal of the College informing him that he had appeared in all the papers which was duly certified by the Principal of the College. The Controller of Examination, thereafter, verified the copy number and the signature of the candidate and found that the petitioner had appeared in the said paper bearing Copy No. 307053 and 323278. In spite of that when the result of the petitioner was not published, he sent legal notice and, thereafter, filed the instant writ application in August, 2000.

(3.) The Intermediate Education Council through the Secretary filed a counter affidavit and admitted that the petitioner had appeared in the examination but due to mistake his result was shown incomplete as he was shown absent in Urdu paper II. However, on receipt of the letter from the petitioner and the Principal of the college, the matter was enquired into and it was found that the petitioner altogether obtained 478 marks including the marks obtained in Urdu and, accordingly, the result was published.