IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.18985 of 2008 ABDUL MAJID ASHRAFI . Versus THE STATE OF BIHAR & ORS . ----------- 2/ 13/08/2010 Heard learned counsel for the petitioner and learned counsel for the State. A counter affidavit is stated to have been filed. The same is not available on record. The Court therefore requested the learned counsel for the State to make available his copy for perusal so as not to hold up the proceedings on that ground. The office is directed to trace the same and place on record. The petitioner who claims to have been a student at the Millia Sir Syed Primary Teachers Training College, Rambagh, Purnea in the session-1983-85 claims to have appeared at the examination held in the year- 2007 by the Bihar School Examination Board. It is his further case that the institution was recognized from 1983-1988 to 1988-1990. His results were not being published and thus the writ application. The respondents in their counter affidavit have annexed the extract of the attendance register which shows that the petitioner was absent from the practical examination in all the five papers. - 2 - Learned counsel for the petitioner relies upon Annexure-3 dated 15.7.2008 issued by the Principal of the institution in question that the petitioner had wrongly been shown as absent for the practical examinations and that he had, in fact, appeared at the examination. In view of the extract of the attendance register with regard to his absence at the examination centre brought on record by the respondent Board, this Court is satisfied that the issue of his absence/appearance in the practical examination is in the arena of disputed facts which now requires verification, cross-verification and, may be, evidence. All these are not possible in writ proceedings. This Court therefore finds it difficult to pass any positive order for publication of his results. The writ application is disposed off with the observation that if the petitioner approaches the respondent Board and satisfies them from evidence that he had, in fact, appeared at the practical examination, the matter shall remain open for consideration by the Board notwithstanding the present order. The application stands disposed. KC ( Navin Sinha, J.)