IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4093 of 2010 1. SAMANT KUMAR S/O LATE CHANDRADEO PRASAD RAI R/O VILL KADWA PRASPUR,P.S.NAUGACHIA,DISTT-BHAGALPUR,AT PRESENT STUDENT OF M.B.B.S.S.K.MEDICAL COLLEGE,MUZAFFARPUR Versus 1. THE STATE OF BIHAR 2. BIHAR COMBINED ENTRANCE COMPETITIVE EXAMINATION BOARD I.A.S.ASSOCIATION BUILDING,NEAR PATNA AIRPORT,PATNA-14,THROUGH ITS EXAMINATION CONTROLLER 3. THE SPECIAL OFFICER ,BIHAR COMBINED ENTERANCE COMPETITIVE BOARD IAS ASSOCIATION BUILDING,NEAR PATNA AIRPORT,PATNA-14 4. THE PRINCIPAL S.K.MEDICAL COLLEGE HOSPITAL MUZAFFARPUR 5. PRINCIPAL SHRI KRISHNA MEDICAL COLLEGE MUZAFFARPUR ----------- 2. 11.03.2010 Heard learned Counsel for the petitioner and the learned Counsel for the Bihar Combined Entrance Competitive Examination Board (hereinafter referred to as ‘the Board’). The petitioner was an applicant for the Combined Preliminary and Mains Test Examination conducted by the respondent Board for admission in the MBBS course. He competed successfully. In accordance with its standard procedure the respondent Board required the petitioner as also other successful candidates to give their specimen handwriting in an OMR form at the time of counselling. Doubts having arisen in the mind of the Board with regard to the alleged difference in the handwriting as contained in the original answer sheet of the petitioner with that written by him during counseling, the Board referred the two samples for expert opinion to the Forensic Department. The forensic report dated 4.11.2009 given to him along with the show cause notice opined that the writings differed. The petitioner having been granted provisional admission in the meantime was given a show cause notice to which he has replied and his admission cancelled on 23.2.2010. This Court is primarily concerned firstly whether there has been fairness in the procedure on the part of the respondent Board before visiting the petitioner of the consequence of cancellation of his admission. A show cause notice was given to the petitioner and a reply has been filed and after consideration of which his admission has been cancelled. To that extent there is no error of procedure. In any event of the matter once a report of the Forensic Department with regard to the difference in the two handwritings is available, it would not be the jurisdiction of this Court to assume power to itself as an expert of expert. Forensic is a science by itself, the expertise for which is available with those trained in it. Nonetheless that does not preclude the petitioner from challenging the forensic report in law. He has done so in his reply to the show cause notice. That takes the matter into the arena of disputed facts where it may require oral and documentary evidence etc which cannot be examined in a writ application. This Court therefore declines any interference in the writ application but with an observation that anything stated in this order shall have no bearing on any other proceeding challenging the forensic report which has then to be decided on its own merit in accordance with law. A prayer is then made to withdraw this application. This application is accordingly dismissed as withdrawn. Snkumar/- (Navin Sinha,J.)