IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1352 of 2009 1. NIGAR SULTANA D/O SRI GULAM RASHOOL R/O C/O HINDUSTANS STEEL WORKS, SULTANGANJ NAUGHARWA, P.O. MAHENDRU, DISTT. PATNA …………Petitioner/Appellant/Appellant Versus 1. THE STATE OF BIHAR THROUGH THE COMMISSIONER-CUM- SECRETARY HUMAN RESOURCES DEPTT., GOVT. OF BIHAR, PATNA 2. THE SECRETARY BIHAR SCHOOL EXAMINATION BOARD, PATNA 3. THE PRINCIPAL MAHILA PRIMARY TEACHER TRAINING SCHOOL, SIWAN 4. THE PRINCIPAL D.A.V. HIGH SCHOOL, SIWAN ..Respondents/Respondents ------------- 3. 01-Apr-2010 Heard learned counsel for the appellant, learned counsel for the Bihar School Examination Board and perused the judgment of the writ Court wherein it has been found that the claim of the appellant/petitioner that she appeared in paper-8 has been disputed on behalf of the respondents. 2. It has been further held by the writ Court that the writ petition has been filed for publication of result after a delay of more than 12 years probably to take advantage of the fact that necessary sheets and many other documents are not preserved after such a long period. 3. We are in agreement with the writ Court on the issue of unexplained delay in view of a Division Bench judgment of this Court on this issue noted by the writ Court - 2 - on page 6 of the judgment under appeal. 4. On account of delay as well as on account of dispute of facts, it is not possible to direct the Bihar School Examination Board to treat the petitioner as a candidate who had appeared in paper-8 and had obtained pass marks. The appeal is found to be without any merits. It is dismissed accordingly. perwez (Shiva Kirti Singh,J.) (Gopal Prasad,J.)