MAMTA KUMARI Vs. BIHAR SCHOOL EXAMINATION BOARD

JUDGEMENT

(1.) In this case the petitioner has made a prayer, interalia, for a direction upon the respondent to provide marksheet and certificate and also for issuance of an appropriate writ for quashing the order dated 29-6-2000 as contained in annexure-7 to the writ application whereby and where under the Deputy Secretary, Bihar School Examination Board, Patna (Respondent No. 2) directed the Head Mistress, Project Girls High School, Kuru, not to issue any certificate against students whose names had been marked with the remark "withheld". The petitioner, Mamta Kumari, has stated that she appeared as a private candidate through Project Girl's High School, Kuru in the Annual Secondary Examination, 2000. She has also stated that prior to her appearance in the said examination, she had deposited the requisite fees for her registration and that she had been registered by the Examination Board vide annexure-4 and was given Registration No. 0131/014/02079/99. The petitioner has also stated that all necessary papers were duly scrutinised by the Board and only, thereafter, when the Board was satisfied with regard to the eligibility of every student concerned that she was allowed to appear. She was also allotted Roll Code No. 01302 and her Roll No. was 0992. Her centre was Ursuline Convent High School, Lohardaga.

(2.) The petitioner has also stated that she, thereafter, appeared in all the subjects both, theoretical as well as practical. However, when the cross list was issued it was found that although she had passed in the second division, yet, a remark had been inserted saying "withheld".

(3.) The petitioner, thereafter, made several representations before the principal, but the principal showed inability to issue marksheet, school leaving certificate, etc. Having been faced with such harassment at such a tender age the petitioner has been compelled to move this Court in this writ petition. This writ petition was filed on 23-7-2001 and on the next date i.e. 24-7-2001 this Court directed the respondent to file counter affidavit within four weeks.