IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9581 of 2007 1. ABHAY KANT TIWARY S/O BHRIGUNATH TIWARY, R/O VILLAGE- CHAMUA, P.S.-NARKATIAGANJ, DISTRICT- WEST CHAMPARAN AT BETTIAH 2. KRISHNA KUMAR SHARMA S/O RAJBANSHI THAKUR, R/O VILLAGE- BADURI, P.O.- BADURI, P.S.- SHAHIARA, DISTRICT- SITAMARHI Versus 1. BIHAR SCHOOL EXAM.BOARD, SINHA LIBRARY ROAD, PATNA THROUGH ITS SECRETARY 2. THE CHAIRMAN, BIHAR SCHOOL EXAMINATION BOARD, SINHA LIBRARY ROAD, PATNA 3. THE SECRETARY, BIHAR SCHOOL EXAMINATION BOARD, SINHA LIBRARY ROAD, PATNA 4. THE DEPUTY SECRETARY, BIHAR SCHOOL EXAMINATION BOARD, SINHA LIBRARY ROAD, PATNA ********* For the petitioners :- Mr. Bipin Bihari Singh, Advocate For the Respondents :- Mr. Lalit Kishore, Sr. Advocate, AAG-III Mr. Partha Sarthy, Advocate **************** 9 23/01/2009 In this writ application prayer of the petitioners is to quash the communication dated 16.11.2006 of the Deputy Secretary of the Bihar School Examination Board, whereby the petitioners’ result for D.P.Ed examination has been kept in abeyance. Further prayer made by the petitioners is for issuance of a writ in the nature of mandamus commanding the respondents to publish the result. It is not in dispute that in identical situation this Court had directed for publication of the result. When the matter was taken up by the learned Single Judge, a plea was raised that the petitioners have approached this Court for publication of the result of the examination held in the year 1994, hence the writ application suffers from delay and laches and on this ground alone it deserves to be dismissed. In support of the contention, reliance was placed on a Division Bench order of this - 2 - Court dated 19.5.2005 passed in L.P.A. No. 431 of 2005 (Upendra Bahadur Singh Vs. Bihar School Examination Board and Ors.). The learned Single Judge taking into consideration the aforesaid facts, by order dated 27.8.2008 referred the matter to the Division Bench. Accordingly, the matter has come before us for consideration. Mr. B. B. Singh appearing on behalf of the petitioners submits that in the present case there is no delay at all in approaching the Court. In this connection, our attention has been drawn to the impugned communication dated 16.11.2006 in which it has been stated that the result of the examination is kept in abeyance and in case no satisfactory reason is furnished, same may be cancelled. In that view of the matter, it cannot be said that the petitioners have approached this Court belatedly. As in identical cases this Court had directed for publication of the result, we do hereby direct the respondents to publish the result of the petitioners forthwith. In the result, the application is allowed with the direction aforesaid. (Chandramauli Kr. Prasad, ACJ.) (Shyam Kishore Sharma, J.) avin