IN THE HIGH COURT OF JUDICATURTE AT PATNA CWJC NO. 14820 of 2008 MANOJ KUMAR Versus THE STATE OF BIHAR & ORS. ---------- 3/ 06.01.2009 Heard learned counsel for the petitioner and learned counsel for the Bihar School Examination Board, Patna. The petitioner states that he passed the Intermediate (Arts) Examination in the year 1994. He was a student of the S.N. Sinha College, Tekari, Gaya for the Sessions 1992-1994. He claims to have made certain representations to the authorities with regard to errors in the mark sheet. Consequently, the authorities on 10th November, 2004 issued him a correct certificate with regard to his optional subject, as mentioned in the mark sheet but did not issue him his fresh mark sheet in accordance with the corrected optional subject. He then came to this Court with the grievance that notwithstanding the issuance of the correct certificate dated 10.11.2004, the consequential mark sheet in terms thereof was not being made available to him. A counter affidavit has been filed on behalf of the Board. After having issued the certificate dated 10.11.2004, the counter affidavit seeks to question the actions of the petitioner in raising issues 14 years old. It is the respondents, who had reopened the issue themselves and now when they find the matter inconvenient to them they seek to raise the issue of delay. This Court is satisfied that the respondents by their own conduct have made the issue of delay redundant. The certificate dated 10.11.2004 is an act of the respondents 2 themselves communicated to the petitioner. Having issued such a certificate, the genuineness and correctness of which is not disputed by the respondent Board, it now seeks to question its own document in the counter affidavit. This Court is afraid that the respondents cannot be permitted to do so. If the certificate dated 10.11.2004 was contrary to law, the petitioner, who has been a beneficiary of the same and only seeks a consequential act on the part of the respondent Board in issuance of the mark sheet is required to be made known the reasons why the Board seeks to annul or recall the certificate dated 10.11.2004. That not having been done, this Court finds no substance in the counter affidavit of the respondent Board. Any decision taken on 8.04.2008 with regard to change of optional subjects has no relevance in an examination conducted in the year 1994. The writ application is, therefore, disposed off with direction to the respondents to issue the necessary mark sheet to the petitioner in terms of the certificate dated 10.11.2004. If the respondent Board proposes not to do so, it shall first issue notice to the petitioner in that regard spelling out the reasons for the same and then pass appropriate orders after due opportunity to the petitioner. Let such compliance, in either event be done within a maximum period of three months from the date of receipt of a copy of this order. S.B.P. (Navin Sinha,J.)