IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13190 of 2009 AMARJEET SINGH RATHAUR Versus THE STATE OF BIHAR & ORS ----------- 2/ 14/10/2009 Heard learned counsel for the petitioner and learned counsel for the Bihar School Examination Board. Though prayer is made for filing of counter affidavit on behalf of the Respondent-Board, in view of the nature of the order proposed, this Court does not consider it necessary for disposal of the writ application. The petitioner appeared as a candidate for Matriculation in 1997, when he secured 2nd division. He cleared his Intermediate thereafter also. It is his case that he then appeared afresh in the Matriculation examination in the year 2004 as a private student to improve his Matriculation marks, when he now secured Ist division. It appears that the matter came to the attention of the Board which then inquired into the matter and was satisfied that the petitioner appeared to have made certain representations on the 2nd occasion with regard to his name, parentage etc. which was not commensurate with that disclosed by him in 1997. By 2 the impugned order dated 14.8.2009 both his results of 1997 and 2004 have been cancelled. Learned counsel for the petitioner contends that there is no justification for annulment of 1997 result as the error, if any, lay in 2004 result. Counsel for the Respondent-Board objects to submit that the petitioner is not a clean person deserving any discretionary relief by the Court under Article 226 of the Constitution of India. This Court is satisfied that it shall not be rendering justice to the petitioner on facts, if his writ petition is dismissed on the objection raised on behalf of the Respondent-Board. The misdemeanor on the part of the petitioner is with regard to 2004 examination and there is no allegation with regard to his 1997 examination. It is the details disclosed in 2004 examination which is alleged to be contradictory to that revealed in 1997 examination. This Court, therefore, considers it proper to modify the impugned order dated 14.8.2009 to the extent that the result of the petitioner of 2004 Matriculation examination stands annulled by the Board and it shall not be permissible for the petitioner to use the same for any purpose whatsoever including his appointment as a Panchayat Teacher, evident from 3 Annexure-2, if it be on basis of 2004 Matriculation results. The writ application stands allowed to the extent indicated. AKS/ ( Navin Sinha, J.)