NARESH PRASHAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The instant application has been filed by the Bihar School Examination Board who is respondent in C.W.J.C. No. 1805 of 2000{R) for modification of the order dated 13-2-2002 passed by this Court in the aforementioned writ petition.

(2.) The aforesaid writ petition C.W.J.C. No. 1805/2000 was filed by one Naresh Prasad Singh (hereinafter referred to as the petitioner) seeking writ of mandamus directing the respondent-Board to issue Matriculation Certificate of his son namely, Barun Kumar Singh who had appeared in 1997 examination conducted by the Bihar School Examination Board.

(3.) Petitioners case is that his son was a regular student of Saraswati Vidya Mandir High School, Dhurwa, Ranchi and his name was registered in the Bihar School Examination Board, Patna (in short the Board). Petitioners son appeared in the examination in the year 1997 in all the papers but his name was recorded as absent in all the papers. However, marks-sheet was issued to him declaring him pass with first division. The Principal of the College also issued School Leaving Certificate and the petitioners son took admission in interme diate in the college. Petitioners further case was that matriculation certificate of his son was not issued for the reason that he was allegedly absent in all the papers. The aforesaid writ petition was disposed of on 13-2-2002 by passing the following order: