IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15631 of 2008 JAI SHANKAR SINGH & ORS Versus THE STATE OF BIHAR & ORS ----------- 3. 12.01.2009 Heard leaned Counsel for the petitioners and the learned Counsel for the State. The petitioners in this writ application seek appropriate direction for issuance of their original certificate of having cleared Bihar Higher Secondary Examination held by erstwhile Bihar Intermediate Education Council for the Sessions 1992- 1994. Their original mark sheets have been issued to them by the erstwhile Council in 1994 itself. Normally, if the original mark sheets have been issued, the issuance of the original certificate of passing remains a formality. Counsel for the Board urges that the petitioners have approached this Court much belatedly in the year 2008 and even the representations were filed as late as 2007. The erstwhile Council is no more in existence and has been replaced by the successor body. He submits that he has instruction that the petitioners had not passed the examination. In the given nature of the controversy of facts no useful purpose shall be served by adjourning this matter for filing of counter affidavit. The writ application is therefore disposed with the direction to the respondent no. 1, the Secretary, Department of Education, Government of Bihar, Patna, to examine the claim of the petitioners for issuance of their original passing certificate including the contention of the Counsel that the petitioners had not cleared the examination in 1994 in the background of the original mark sheets claimed to have been issued to the petitioners by the Council. The petitioners shall be obliged to produce their original documents before the Secretary. The Board shall also be obliged top place all necessary materials before the Secretary and fully cooperate in the enquiry at the risk of obstruction of order of this Court when all aspects shall be appropriately considered by the Secretary and disposed off by a reasoned and speaking order within a maximum period of three months from the date of receipt/presentation of a copy of this order. Snkumar/- (Navin Sinha,J.)