IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16813 of 2008 1. NAVNEET KUMAR 2. Alok Kumar Both sons of Uma Shankar Yadav, resident of Mohalla Shanti Niketan Hataa, PS K.Hat (Khajanchi Hat), District Purnea ……………….Petitioners Versus 1. THE UNION OF INDIA through the Secretary Human Resources Development Department, Government of India, New Delhi 2. The Director National Institute of Open Schooling 3. The Director Evaluation National Institute of Open Schooling Respondent Nos. 2 & 3 are Government of India, A24/25 Institutional Area NH24 Sector 62 Noida,Gautam Budh Nagar 201309 (U.P) 4. The Deputy Director National Institute of Open Schooling, Government of India, Baily Road, Lalit Bhawan, Patna 5. The Centre Superintendent-cum-Co-Ordinator of Exam. Centre No. 20335,S.N.S.Y.College (Inter) Rambagh Purnea, District Purnea, Bihar -854301 6. The District Education Officer, Purnea 7. The State of Bihar ………………Respondents ----------- For the Petitioners : Mr Ramakant Sharma, Sr.Advocate For Resp. No. 2 to 4: Mr. Madhuresh Prasad, Advocate For the State : Mr Sunil Kumar Mandal, SC 15 ------ 4. 20.02.2009 Heard leaned Counsel for the petitioners and the learned Counsel for the National Institute of Open Schooling, Government of Bihar. Learned Counsel for the respondents 2 to 4 submits that he has filed his counter affidavit in the Registry on 19.2.2009 appending a note that the matter is listed for hearing before this Bench today and that the Registry may forward the counter affidavit to the Bench. It is unfortunate that no heed has been paid to the same and the Court had to request the Counsel for the respondents to make available his copy of the counter affidavit which he does and which is kept on the record. The petitioner seeks quashing of letter dated 8.8.2008 withholding result of the petitioners for the Senior Secondary Examination held in the month of April and May 2008 in which the petitioner appeared from S.N.S.Y.College, Purnea. The impugned order states that there had been mass copying in the examination. A counter affidavit has been filed on behalf of the concerned respondents. It states that upon receipt of complaint/information regarding mass copying from various sources, the answer sheet of the examination centre in question were put under special scrutiny by the experts. The scrutiny reported mass copying by large number of students in the subject code 313 relating to Chemistry. The averments with regard to the issuance of show cause notice etc. is not necessary to be considered any more in view of an order of this Court in CWJC No. 4284 of 2008 preferred by another student with regard to the same very examination withholding his result for the same very grounds. This Court has declined to interfere and dismissed the writ application. For the reasons already discussed in the order dated 10.11.2008 in CWJC No. 4282 of 2008 this Court finds no reason to arrive at any different conclusion. This writ application is dismissed. Snkumar/- (Navin Sinha,J.)