Arvind Kumar Singh v. The State Of Bihar & Ors.

.... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Dhanajay Mishra Mr. Arun Kumar For the Respondent/s : Mr. Ajay ( SC-XI) ====================================================== CORAM: HONOURABLE JUSTICE SMT. T. MEENA KUMARI HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER (Per: HONOURABLE JUSTICE SMT. T. MEENA KUMARI) 2 04-02-2013 The present writ petition under the caption ‘PIL’ has been filed for a direction upon the respondents to issue registration card to the independent appearing students of Saran district who have passed the eligibility test for Board Examination, 2013 as also to follow the Notification No. 314 dated 7.6.2003 of the Human Resources Department. Counsel for the petitioner submits that most of the application of the private candidate have not been accepted who are appearing candidates for the Board examination of March 2013 and they have not been allotted the Registration Card to enable them to appear in such examination on the basis of Memo No.

3196/C Chapra dated 27.12.2012. It has been contended by the learned Government Patna High Court CWJC No.2313 of 2013 (2) dt.04-02-2013 Advocate as well as counsel for the Board that an enquiry has been ordered by the District Magistrate, Saran at Chapra, on the allegation that some of the students are getting their centre changed to the jurisdiction of the Saran District so as to enable them to change their date of birth. Having heard counsel for the parties, we are of the opinion that as it is a different cause and there is no any Regulation of the Bihar Examination Board which prohibits the candidates to appear from any other centre other than his residential centre Therefore, the District Magistrate has to conduct a separate enquiry for the aforesaid cause and for this cause the District Magistrate cannot prohibit the students to appear through a recognized school. Under the above circumstances, a direction is issued to the Secretary, Bihar School Examination Samiti, Bihar, Patna (Respondent No.3) to issue Registration Cards to the students through the recognized School so as to enable them to appear in the ensuring Board Examination of March, 2013.

At this stage, it is stated by learned counsel for the petitioner that the time granted by the Bihar School Examination Board to fill up the application for registration is only till 5th February, 2013 and there is shortage of sufficient time to complete Patna High Court CWJC No.2313 of 2013 (2) dt.04-02-2013 the necessary formalities by the recognized schools. In view of above, the time granted by the Board is extended for further period of two weeks and the Secretary, Bihar School Examination Samiti, Bihar Patna (Respondent No.3) is directed to accept the application of the students which are otherwise found in order and issue Registration Card accordingly to the genuine candidates. With the above observation this appeal stands disposed of. (T. Meena Kumari, J) Namita/- (Vikash Jain, J)