IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9252 of 2008 AARTI KUMARI . Versus THE STATE OF BIHAR & ORS . ----------- For the Petitioner:- Mr. Amrit Abhijat, Adv. Mr. Upendra Yadav, Adv. Mr. Manoj Kumar Gupta, Adv. For the B.S.E.Board:- Mr. Sunil Kumar Mandal, Adv. For the State:- Mr. Mohini Kumari, Adv. --------------- 3. 26.8.2010 Heard learned counsel for the petitioner and learned counsel for the Bihar School Examination Board, (hereinafter referred to as the ‘Board’). The petitioner claims to have been a regular student of Shri Mahendra Das Inter College (hereinafter referred to as ‘the College’) for the Session 1999-2001 in the Intermediate Arts course. She states that her registration in the erstwhile Bihar Intermediate Education Council was R 1281 of 1999. She filled up the application form for the Intermediate examination in the year 2000 and appeared in the examination conducted by the council in the year 2001. She was issued an admit card for appearing in the examination, by the erstwhile council. She was however not issued her mark sheet signed by the Secretary of the respondent council but under the signature of the 2 Principal of the College. She states that she was informed by the Principal of the College that a mistake had occurred in the tabulation register and in place of her name one Sarita Kumari has been wrongly typed. Because of non availability of her mark sheet, the petitioner could not pursue further studies. The counter affidavit of the respondent Board states that the records show that registration No. R 1281 of 1999 claimed by the petitioner in fact records the name of Jyoti Kumari daughter of Vinod Kumar Jaiswal Roll No. 30189 from which the Board believes that the petitioner in fact never appeared at the examination. The admit card claimed by the petitioner to have been issued by the erstwhile council appears doubtful. The Principal was not competent to issue a mark sheet. The tabulation records and registration records were compared and some discrepancies were found making her admit card issued doubtful. The College has been asked to produce necessary documents but it was not cooperating. The details mentioned in the tabulation register bore a difference not only in the candidates name but also of the father’s name. 3 This Court, from the counter affidavit of the Board itself is satisfied that maters are still under its examination and it has not reached any final decision in the matter. The statements in the counter affidavit may at best be described as tentative observation of the Board. The issues appear to be basically of facts. Let the petitioner appear with a copy of the present order before the Secretary of the Board. Within 10 days of the order being presented before the Secretary, he shall proceed to fix a date for hearing after prior intimation to the petitioner and the Principal of the College and any other, if considered necessary. The Principal of the College as a direction of this Court is bound to be present on the date fixed for hearing failing which it may be construed as disobediance of the direction of the Court. On the date fixed, the petitioner shall appear with all her original documents in support of her candidature. The Board and the College are obliged to furnish her all materials and documents which in their opinion raise doubts of her candidature. A reasonable opportunity by grant of adjournment shall be given to the petitioner to 4 answer the same and after fresh hearing final, reasoned and speaking order shall be passed by the Board. It is expected that if the grievances of the petitioner finds favour with the Board necessary consequential action shall be taken without further delay. Let the aforesaid directions be complied with and final orders passed within a maximum period of three months from the date of receipt/production of a copy of this order before the Secretary of the Board. The writ application stands disposed. P. Kumar ( Navin Sinha, J.)