IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.42 of 2010 1. MIRDULA KUMARI D/O KRISHNA KUMAR SINHA R/V JAHANPUR, P.O. PABHEDA, P.S. DNANARUA, DISTT.- PATNA Versus 1. THE BIHAR SCHOOL EXAMINATION BOARD, PATNA THROUGH ITS SECRETARY, PATNA 2. THE SECRETARY BIHAR SCHOOL EXAMINATION BOARD, PATNA 3. THE HEAD MASTER, MAHANTH HANUMAN SHARAN HIGH SCHOOL RAJAPUR, MAINPURA, PATNA ----------- For the Petitioner:- Mr. Shailesh Kumar, Adv. Mr. Arvind Kumar, Adv. For the Bihar School Examination Board:- Mr. Gyan Shankar, Adv. ------------- 3. 9.8.2010 Heard learned counsel for the petitioner and for the respondent Board. The petitioner passed the Secondary School Examination conducted by the respondent Board from the Mahanth Hanuman Sharan High School, Rajapur, Mainpura, Patna. Her results were published in 1995 itself in the Ist Division and mark sheet given. The petitioner then took admission in the college of Commerce, Patna for pursuing the Intermediate training course. She passed the I.Sc. examination in 1997 in the second division. She could not continue her further education on account of family difficulties. In July, 2009 she applied for appointment as a Primary Teacher and during counseling was required to produce her provisional/original certificate of Secondary examination. In absence of the same, having been issued by the Board 2 she could not participate in the counseling. Strong reliance has been placed on an order of this Court in C.W.J.C. No. 7390 of 2002, to contend that the petitioner is similarly situated and for like reasons as discussed therein, she is also entitled to her original certificate. Counsel for the respondent Board acknowledged that the order in C.W.J.C. No. 7390 of 2002 has attained finality but sought to distinguish it on the ground that the petitioner therein came in time in the year 2002, the present petitioner has approached only in the year 2010 much belatedly. However, from Annexure- A series to the counter affidavit, learned counsel for the Board does not dispute the factual position that the petitioner in C.W.J.C. No. 7390 of 2002 was from the same school when some what similar allegations of her answer sheet having been produced from a centre where she had never appeared surfaced. The contention of the respondent Board in its counter affidavit is that the result of the petitioner has been cancelled on 10.10.1996. The counter affidavit is completely silent that if the result was cancelled after its publication whether any show cause notice was issued to the petitioner, or she was communicated the cancellation order. Having considered the facts and 3 circumstances of the case, this Court is satisfied that the writ petition can be disposed off in similar terms as C.W.J.C. No. 7390 of 2002 with directions to the respondent Board to provide the original Secondary School Examination certificate to the petitioner within a maximum period of four months from the date of receipt/production of a copy of this order with like observation that the respondents shall not seek to urge any ground for cancellation of her result on 10.10.1996 to deny her the original certificate. The writ application stands allowed. P. Kumar (Navin Sinha, J.)