IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3735 of 2008 1. Abhishek Kumar , son of Sri. Shiv Shankar Chaubey, resident of Village/Mohalla-Raj Hatta Katihar, P.S. and District-Katihar. 2. Manmohan Ojha, son of Sri. Shayam Sundar Ojha, resident of Village/Mohalla- Officer’s Colony, Mohania Bari, A.S.I., District-Katihar 3. Pankaj Ojha, son of Ram Chandra Ojha, resident of Mohalla-Officer’s Colony, Mohaniabari, P.S. and District-Katihar 4. Ankita Shree, son of Ganga Prasad Deo, resident of Village-Mahaniabari, P.S. and District- Katihar …….Petitioners Versus 1. The Chairman, Bihar Intermediate Education Council(Higher Education), Patna 2. The Secretary, Bihar Intermediate Education Council(Higher Education), Patna 3. The Principal, B.S.S.C. College, Udai Kishanganj, Madhepura, District-Madhepura 4. The Examination Controller, Bihar Intermediate Education Council(H.E.), Patna ………Respondents ----------- 05. 28.01.2009 Petitioners claim that they were bonafide students of Intermediate Science Examination, 2007 and had taken their examination from B.S.S., Chandrakanta College, Ranianapuri, Udakishunganj, Madhepura conducted by the Bihar Intermediate Education Council. When they got their marks sheet they were shown absent in both Physics and Chemistry Practical and consequently failed. All four of them have challenged this and that the writ petition they have annexed, a purported letter of the Principal of the said College to the Bihar School Examination Board in which the Principal under Letter No. 155 of 2007 dated 30.11.2007 has informed the Board that these students were present but their marks could not be recorded in the Marks Sheet sent to - 2 - the Board. A counter affidavit has been filed by the Principal denying the said letter. In support thereof the Principal has indicated that no letter having memo No. 155 of 2007 was ever issued from his office. In the year 2007 the last letter that was issued had No. 52. The Examination Board has produced the original marks Scroll sent by the Practical Examiner as well as the sheet showing distribution of practical answer book. In none of them petitioners figured. In view of the aforesaid facts, this Court can not doubt the marks as given by the Board showing petitioners absent in Practical Examination. This Court has to go by records and the records do not favour the petitioners. The writ application thus is dismissed. Shageer (Navaniti Prasad Singh)