IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7494 of 2010 1. ANITA KUMARI D/O SHRI KISHORI PRASAD YADAV R/O VILLAGE AND P.O. SARDAL PATTI, P.S. PARIHAR, DISTT.- SITAMARHI Versus 1. BIHAR SCHOOL EXAMINATION BOARD SINHA LIBRARY ROAD, PATNA THROUGH ITS SECRETARY, PATNA 2. THE CHAIRMAN, BIHAR SCHOOL EXAMINATION BOARD SINHA LIBRARY ROAD, PATNA 3. THE SECRETARY, BIHAR SCHOOL EXAMINATION BOARD, SINHA LIBRARY ROAD, PATNA ----------- For the Petitioner:- Mr. Ranjeet Kumar, Advocate For the Board:- Mr. Arshad Alam,Advocate 3 20.7.2010 Heard counsel for the petitioner and the counsel appearing for the State. This is the third round of litigation at the instance of the petitioner for similar relief. The relief being for a direction to the Secretary, Bihar School Examination Board, Patna to publish the result of the petitioner of Diploma in physical Education, since the petitioner appeared in the examination held in the year 1994. Earlier the petitioner had filed CWJC No. 14954 of 2006 along with other similarly situated candidates. Several other writ applications were also filed for similar relief relating to publication of the result of Diploma in Physical education. All writ applications were heard and disposed off by common order, directing the Secretary of Bihar School 2 Examination Board to dispose off representation of the petitioners within thirty days. A representation filed by this petitioner and others for publishing the results were rejected vide order dated 25.7.2008. Thereafter CWJC No. 12408 of 2008 was filed for quashing of the order dated 25.7.2008 passed by the Secretary, Bihar School Examination Board, Patna and also for a direction to publish the result. This writ application was allowed vide order dated 12.11.2008, directing the Board to publish the result of all candidates including this petitioner before 17.11.2008. However, the results of other petitioners were published but the result of present petitioner was not published. Petitioner's case is that orally she was informed that her result cannot be published because she was only 17 years eight months old on 1.7.1985 i.e. on first July of the admission year but so far Regulation of Bihar School Examination Board Regulations 1964 is concerned, a candidate must be 18 years of age on first July of the admission year. Since the petitioner got admitted in the college without following the minimum criteria of 18 years on first July of the admission year, her result cannot 3 be published. Counsel appearing for the petitioner submits that admittedly the petitioner got admission in Diploma in Physical Education in the training College i.e. "Central Sharirik Shaikshik Prashikshan Parishad, Sitamarhi" for the Sessions 1985-1986 after passing her matriculation examination in the year 1984. In the certificate of matriculation, her date of birth is clearly mentioned as 27.11.1967. There was no concealment on the part of the petitioner. She could not appear in the annual examination held in the year 1988 as she has not cleared sent up examination. Subsequent to 1988, the annual examination could be held in the year 1994. Petitioner appeared in the examination and by that time she has attained 26 years of age. The Bihar School Examination Board considering her form, in which she has given her date of birth as 27.11.1967 had issued the admit card mentioning same date of birth. In this circumstance,, considering her date of birth, she was allowed to appear in the examination. Her result could not have withheld by the Bihar School Examination Board,Patna. The act of non-publication of 4 petitioner's result is completely in violation of Regulation 17 of the Bihar School Examination Board, which provides that a candidate having issued admit card and allowed to appear at the examination, his/her result cannot be withheld on the ground of alleged non-fulfillment of any requisite condition, which was for the Secretary of the Board to scrutinize before issuance of the admit card. The case of the petitioner is fully covered under the provisions of Regulation 17 of Bihar School Examination Board Regulations, 1964. Counter affidavit has been filed on behalf of Secretary, Bihar School Examination Board, Patna, wherein statement has been made that the Board on several occasions wrote letters to the Principal of the Institution for furnishing documents in relation to the petitioner and one more candidate but it was not supplied, stating that the documents have been destroyed in the devastating flood of July, 1993. Since the petitioner did not fulfill the requisite criteria for admission in the course, her result cannot be published. I find that in the counter affidavit, there is no denial to the statement of the petitioner 5 regarding mentioning of her date of birth in the admit card issued by the Board, in favour of the petitioner for appearance in the examination. It shows that there was no concealment of the fact, so far the date of birth is concerned and the Board had issued admit card in favour of the petitioner knowing her date of birth. In this circumstance, it was desirable, for the Secretary, Bihar School Examination Board to reject issuance of admit card in favour of the petitioner, at the stage of scrutiny. Since it was not done, petitioner is entitled for publication of result, in terms of Regulation 17 of the Bihar School Examination Board Regulations, 1964. The action of the respondent-Board in the matters of petitioner has been arbitrary and harassing. The petitioner has been compelled to come before this Court, at frequent intervals for same reliefs. This must be the last approach of the petitioner for the relief, she has been coming again and again. She must get the final relief. The Secretary of the Bihar School Examination Board, Patna is directed to publish the result of the petitioner by 21st of July, 2010. Let a copy of this order be communicated 6 to the Secretary, Bihar School Examination Board, Patna through Fax, for which counsel for the petitioner will deposit requisite cost today. Mr. Arshad Alam will also communicate this order to the Secretary, Bihar School Examination Board, Patna today (20.7.2010) for publication of petitioner's result by 21st of July, 2010. (Mridula Mishra,J.) A.Kumar