SUNIL NAG Vs. BIHAR SCHOOL EXAMINATION BOARD

JUDGEMENT

(1.) In this writ application the petitioner has prayed for issuance of appropriate direction on the respondents-Bihar School Examination Board for making necessary correction in the result of the petitioner who has been declared fail in matriculation (Supplementary) Examination, 1998 showing him absent in the History subject.

(2.) Petitioner as a regular student of Baghima High School, Gumla filled up examination form for supplementary matriculation examination to be conducted in the year 1998. The respondent-Board issued Admit Card wherein he was given Roll Code 01402 and Roll No. 0868 and the examination centre was Luthran High School, Gumla. Petitioner appeared in all the subjects and fairly did well in the examination. To the utter surprise of the petitioner when his result was published he was declared fail. On perusal of marks-sheet it appears that he was declared absent in History paper. Petitioner filed several representations before the Secretary, Bihar School Examination Board, Patna requesting him to look into the matter but nothing was done. Petitioner then approached the District Forum under Consumer Protection Act. However, no relief was given by the Forum on the ground that the petitioner-complainant is not a consumer and the complaint is not maintainable. Petitioner then moved this Court by filing this writ application. It is stated that the Head-master of the Luthran High School, Gumla by letter dated 15-3-2000 addressed to the Secretary, Bihar School Examination Board confirmed that petitioner appeared in the History paper and he submitted his answer sheet bearing No. 875957 copy of the letter has been annexed as Annexure-5 to the writ application. Petitioner also annexed a copy of the list prepared by the Centre Superintendent in respect of candidates who appeared in History subject on the relevant date which petitioner has been shown at serial No. 28 bearing answer sheet No. 875957. A copy of the said list has been annexed as Annexure-6 to the writ application.

(3.) On 20-6-2001 a counter-affidavit was filed by the respondent-Board stating inter alia that petitioner was declared fail because he was found absent in the History paper. The said counter-affidavit was not duly verified in accordance with law. This Court, therefore, after hearing the parties on 20-8-2001 passed the following order :-