1 IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8613 of 2006 GAURI SINGH Versus THE BIHAR SCHOOL EXAM.BOARD &O Ors. ----------- For the petitioner : M/S Sharda Nand Mishra and Dhanjay Kumar Gupta,Advocates. For Bihar School Exam. Board : M/S Lalit Kishore & Manish Kumar,Adv. For the N.C.T.E. : Mr. S.N. Pathak,SCCG., ---------- 4/ 17.07.2008 Heard learned counsel for the petitioner and learned counsel for the Bihar School Examination Board ( hereinafter referred to as „ the Board‟ or the sake of brevity). 2. This writ petition has been filed for quashing letter dated 19.05.2006 ( Annexure- 5 ) by which amended result of the petitioner‟s daughter had been issued and her marks in mathematics was reduced from “30” to “7” and also for directing the respondents to affirm the original result of the daughter of the petitioner and the marks- sheet given to her. 3. The case of the petitioner is that the her daughter, namely, Simmi Priya, was student of matriculation in Rajkrit Girls High School, Nath Nagar, Bhagalpur ( hereinafter referred to as „the School‟ for the sake of brevity) and she appeared at the secondary examination of 2005 held by the Board. It is further claimed by the petitioner that her daughter passed in the said examination and she got 30 marks in mathematics which is apparent from the marks sheet issued by the Board ( Annexuire-4) as well as her result sent by the Board to the School ( Annexure-3) and, accordingly, she was declared passed in second Division. It is also claimed that on the basis of the said result she 2 got admission in Intermediate ( Arts) . It is also claimed that all of a sudden a letter was sent by the Secretary of the Board to the Principal of the School much later on 19.5.2006 ( Annexure-5) , annexing the list of marks obtained by daughter of the petitioner and a marks sheet signed by the Secretary of the Board in which it was shown that the daughter of the petitioner had obtained only “7” marks in mathematics and hence she was declared fail. Learned counsel for the petitioner submits that the said action of the authority of the Board is absolutely arbitrary, perverse and illegal as there was no occasion to give her such a lower marks when already the daughter of the petitioner was declared passed in that paper also earlier and subsequently a wrong decision was taken by the Board without even informing the daughter of the petitioner or hearing her in the matter. On the other hand, learned counsel for the Board submits that the said decision has been taken by the Board vide its order dated 20.05.2005( Annexure- B) after hearing the Head Examiner and others in the matter in view of Regulation 1990 of the Bihar School Examination Board. It is interesting to note that the said order ( Annexure- B) is dated 20.05.2005 whereas the marks of the petitioner was sent by the Board to the School on 28.06.2005 showing her to have obtained 30 marks in Mathematics . Furthermore, the said order was passed without hearing the daughter of the petitioner although her entire career was at stake and it is quite apparent that due to laches of the authorities she 3 could not appear in the subsequent examination of the Board in 2006.The respondents have also failed to explain as to why actions were not taken against the erring person, who prepared wrong marksheet. In the aforesaid facts and circumstances, the impugned order of the Board dated 19.5.2006 ( Annexure-5) along with the consequential steps taken by it are hereby quashed and the Secretary of the Board is directed to reconsider the matter afresh after giving notice and an opportunity to Ms. Simmi Priya , daughter of the petitioner, to appear before him and if the records are available to look into the records and place her claim before him. Thereafter the Secretary should decide the matter afresh in accordance with law keeping in view the records of the Board and the career of the students. The entire exercise must be completed within two months from the date of production of a copy of this order by the said student before the Secretary. The Secretary will issue a fresh marks sheet in accordance with decision taken by him. With the aforesaid observation/ direction, this writ petition is disposed of. B.Tiwary/ ( S.N. Hussain, J )