IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE No.7670 of 2009 Shishir Kumar Jha Versus The Bihar School Exam.Board & Ors. 4/ 04/08/2011 Heard learned counsel for the petitioner and the State. The petitioner is stated to have been a student at the Marwari College, Darbhanga, a constituent college of the Lalit Narayan Mithila University (hereinafter referred to as the ‘University’), Darbhanga, in the stream of intermediate science during the Session 2000-2002. He claims to have appeared at the Intermediate examination held at in the year-2002 with Role code-5104 and Roll No.10203, securing second division marks in all subjects except Chemistry, in which he failed. At his request, the Bihar Intermediate Education Council (hereinafter referred to as the ‘Council’) after scrutiny of his Chemistry papers declared him pass and published his result along with two others on 11.2.2003. The Council then issued him a migration certificate, as also a provisional certificate. It contained a typographical error in the spelling of his father’s name. It was duly corrected on the request of the petitioner. He pursues his studies in B.A. History (Hons) at the University and completed it in 2006. He desired 2 his original certificate from the Council which was not given to him prompting him to file the writ application. Counter affidavit has been filed on behalf of the Bihar School Examination Board, (hereinafter referred to as the ‘Board’ )the successor body of the Council. It does not deny or dispute the identity or candidature of the petitioner as a student of the Marwari College during the session or that he did not appear at the final examination in 2002. The counter affidavit at paragraph-4 suggests that the petitioner failed in Chemistry-1 and 2 papers having obtained 7 and 8 marks respectively. The matter had been enquired after the writ petition was filed and it has transpired that his certificates at Annexures-4, 5, 7 and 8 to the writ application and by which the petitioner contends that he passed the Chemistry examination subsequently are forged. Forgery is a question of fact to be determined in a fair and reasonable manner. Once the respondents acknowledge the identity of the petitioner as a student of the Marwari College who appeared at the examination, whether he passed or failed in the Chemistry paper are all questions of fact requiring an enquiry. The enquiry necessarily postulates application of mind by the authority who is alleged to have issued 3 the certificates after consideration of the claims and contentions of the person who claims to have received it. There can be no unilateral enquiry of indictment. The Court therefore directs that the petitioner shall appear before the Chairman of the Board with a copy of the present order. The Chairman shall fix a date at his convenience when the petitioner shall be required to be present with all his documents in original that may have been issued to him by the authorities. The Chairman shall call for the original records of the Board and the petitioner shall be allowed to peruse the same in the presence of the Chairman. In this manner, after considering the allegations of the petitioner, let the Chairman pass a reasoned and speaking order in presence of the petitioner, all within a maximum period of two months from the date of receipt/production of a copy of this order before the Chairman. The writ application is disposed. KC ( Navin Sinha, J.)