IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.140 of 2010 1. NEERAJ KUMAR MINOR THROUGH HIS FATHER VIJAY KUMAR CHAUDHARY, S/O LATE BHAGWAN PRASAD SINHA R/O PANKAJ MARKET ROAD, NEAR SHYAM MANDIR, P.S- TOWN, DISTT- MUZAFFARPUR Versus 1. THE STATE OF BIHAR 2. BIHAR SCHOOL EXAMINATION BOARD, null BUDDH MARG, PATNA, THROUGH ITS SECRETARY 3. THE SECRETARY, BIHAR SCHOOL EXAMINATION BOARD, PATNA 4. VANIJYA INTERMEDIATE COLLEGE, MUZAFFARPUR ----------- 3/ 27.05.2010 Heard learned counsel for the petitioner and learned counsel for the State. This writ petition has been listed under order of the Hon’ble the Chief Justice. The writ petition was disposed of by order dated 10.3.2010 directing the Bihar School Examination Board to give the mark sheet of petitioner of Intermediate Science (I.Sc.) examination which he had taken from Vanijya Inter College, Muzaffarpur. His results were published in the newspaper, but for last one year he has been running from pillar to post, but the mark sheet was not being given nor any reason was being disclosed. Why? This court directed that the mark sheet should be given. For any reason it is not possible to get the mark sheet the petitioner may be noticed, heard and orders passed accordingly. This had been done within one month. Petitioner’s father undisputedly went with copy of order of this court. It appears that subsequently on 8.5.2010 and 20.5.2010 notices have been issued to the petitioner through his father asking explanation why he has filled up form for examination from the two colleges one at Muzaffarpur and another from Rajendra College, Chapra. The two Principals have also been noticed. Mr. Ajay Bihari Sinha, learned counsel for the Board states that Principal of Vanijya Inter College, Muzaffarpur as respondent, has clearly stated that the student is a regular student of his institution, all original mark sheets and earlier transfer certificate etc. are in that college. The student has never been issued transfer certificate from that college, thus, establishing bonafidee of the studentship of petitioner from that college. Board has not received any response from Rajendra College, Chapra, as yet. This court finds that the Board having come to know that in the name of same person forms from two institutions were filed. The Board also knows the roll no. given for the examination from the two institutions, but for some inexplicable reasons, the Board does not disclose whether from Chapra petitioner took examination or not. One thing is clear that petitioner was a regular student at Muzaffarpur and took examination as student of Vanijya Inter College, Muzaffarpur. At best for the irregularity his candidature from one centre can be cancelled, i.e., from Chapra, but because of that his candidature and results of Muzaffarpur can not be withheld, unless it is shown that he was shown to be appearing in the exam right through at Chapra as well. In such situation I direct the petitioner to immediately respond to the query made by the Board as to why he had sought appearance from two institutions, if at all, Board would take all expeditious steps for verifying the record of Rajendra College, Chapra in this regard as well. Board would within 15 days from today take a decision in the matter and unless they find otherwise give mark sheet of the petitioner of Vanijya Inter College, Muzaffapur to the petitioner immediately. All parties would obey the directions as given above. The order of this court passed earlier stands modified to the extent above. Praful (Navaniti Prasad Singh, J.)