IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2962 of 2010 1. RUPA KUMARI (MINOR) null UNDER THE GUARDIANSHIP OF HER FATHER SHRI VYAS SINGH R/O AT+PO- BARKAGAON, P.S- PAKRIDAYAL DISTT- EAST CHAMPARAN (MOTIHARI) 2. NITI KUMARI D/O SHRI RAJ KISHORE SINGH R/O AT+PO- BARKAGAON, P.S PAKRIDAYAL, DISTT- EAST CHAMPARAN (MOTIHARI) Versus 1. THE STATE OF BIHAR THROUGH PRINCIPAL SECRETARY, DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT, GOVT.OF BIHAR,PATNA 2. DISTRICT MAGISTRATE, EAST CHAMPARAN, EAST CHAMPARAN, MOTIHARI 3. SUB-DIVISIONAL OFFICER, PAKRIDAYAL, DISTT- EAST CHAMPARAN 4. BIHAR SCHOOL EXAMINATION BOARD, HIGHER SECONDARY, PATNA, THROUGH ITS DIRECTOR, EDUCATION BIHAR, PATNA 5. CHAIRMAN, BIHAR SCHOOL EXAMINATION BOARD,PATNA 6. DIRECTOR, EDUCATION, BIHAR SCHOOL EXAMINATION BOARD,PATNA 7. PRINCIPAL INCHARGE, SITARAM SINGH COLLEGE, BARKAGAON, EAST CHAMPARAN with CWJC No.3364 of 2010 1. GOVINDA KUMAR BHARTI S/O GAUTAMA BHARTI R/O VILL.- PAPOR MATHIYA, P.O.- PAPOR, VIA PANCHRUKHI, DISTT.- SARAN 2. SHILPA KUMARI D/O BRIJ KISHOR SAH R/O VILL.- MAHUWAL BAZAR, P.O.- BADARAM, VIA HUSSAINGANJ, DISTT.- SIWAN 3. SEEMA KUMARI D/O UMA SHANKAR PAL R/O VILL.- MAHUWAL BAZAR, P.O.- BADARAM, VIA HUSSAINGANJ, DISTT.- SIWAN 4. DEEPAK KUMAR S/O SHOBHA RAM R/O VILL.- MAHIHI, P.O.- KHAJURI, VIA KUCHAYCOT, DISTT.- GOPALGANJ 5. JAY SHANKAR PRASAD S/O JAMADAR PRASAD R/O VILL.+P.O.- PRATAPPUR, VIA HUSSAINGANJ, SIWAN, DISTT.- SIWAN Versus 1. THE STATE OF BIHAR THROUGH PRINCIPAL SECRETARY DEPTT. OF HUMAN RESOURCES DEVELOPMENT, GOVT. OF BIHAR, PATNA 2. BIHAR SCHOOL EXAMINATION BOARD, HIGHER SECONDARY, PATNA THROUGH ITS DIRECTOR EDUCATION, BIHAR, PATNA 3. CHAIRMAN, BIHAR SCHOOL EXAMINATION BOARD BIHAR, PATNA 4. DIRECTOR, EDUCATION BIHAR SCHOOL EXAMINATION BOARD, HIGHER SECONDARY, PATNA 5. DISTRICT EDUCATION OFFICER SARAN AT CHAPRA 6. SUB-DIVISIONAL OFFICER MARHORWA-CUM-CONVENER- SARAN 7. PRINCIPAL INCHARGE JOGIRAJ DEVRAHA BALDEO SINGH COLLEGE, BENIPURINAGAR, TARAIYA, SARAN ----------- For the Petitioners: Mr Ganesh Pd. Singh, Sr. Advocate Mr Maruth Nath Roy, Mr Manoj Kumar Mr Vikramjeet,Advocates For the Board : Ms Namrata Mishra, Advocate ------- 2. 04.03.2010 Heard learned Counsel for the petitioners and the learned Counsel for the State as also the learned Counsel for the Bihar School Examination Board. Notwithstanding the nature of the detailed common order in CWJC Nos. 14822 of 2009 and 15008 of 2009 passed on 2 30.11.2009, directing the Board to pass appropriate orders after ascertainment of facts in the manner directed with regard to genuine students who may not be allowed to suffer, the Bihar School Examination Board seems unconcerned of its duties and responsibility, much less the fate of the students. It is the specific case of the petitioners that the aforesaid order of this Court was served upon the Chairman of the respondent Board on 7.12.2009. Counter affidavit has been filed on behalf of the respondent Board in the latter writ petition only. It does not deny that a copy of the order has been duly received by it. It completely refuses to answer the directions of this Court in the writ petition and abruptly concludes that the Principal of the College had already submitted form of the genuine students in the Board office. It was the genuineness of the students itself in view of the factional fight in the school between the Managing Committee which was to be enquired by the Board from the original record of the institution so that the bona fide students may not suffer. The manner in which the Board has assisted the Court disappoints this Court thoroughly. It is unbecoming of a government body whose duty is to assist the Court in dispensation of justice. In CWJC No. 3297 of 2010 a clear stand has been taken on behalf of the Board that it would examine genuineness of the students and in no event shall a genuine student be allowed to suffer and if upon enquiry the Board is satisfied that a genuine student had been left out from 3 permission to appear at the examination it shall held a separate examination for them. This Court commands the respondent Board to conduct necessary enquiry in terms of the order dated 30.11.2009 in CWJC Nos. 14822 of 2009/15008 of 2009 within a maximum period of two months from the date of receipt and/or production of a copy of this order and simultaneously pass a reasoned and speaking order with regard to the genuine students. If it is satisfied that a genuine student of the institution had been left out it is simultaneously required to announce the date for separate examination when it is expected that all results shall be published simultaneously to avoid loss of any academic opportunity to those whose results may be published by the Board at its own pleasure much later in time. The order to be passed in a particular case depends upon the nature of submission made and the persuasiveness of the Counsel. If in a similar matter earlier certain relief had not been pressed and which is pressed by another in a subsequent matter, specially when no issue of law are decided, that does not fetter the Court from giving additional directions. The writ applications are disposed. Snkumar/- (Navin Sinha,J.)