R.R. Prasad, J. - (1.) THIS writ application has been filed for directing the respondents particularly to the Secretary, Bihar School Examination Board to issue original certificate and marks sheet of the Secondary School Examination to the petitioner who passed the said examination in the year 1997 from Bihar School Examination Board, Patna.
(2.) IT is the case of the petitioner that the petitioner, a student of H.E.C. Girls' High School, Dhurwa got herself registered with the Bihar School Examination Board in the year 1996, vide Registration No. 111 -18/4029. In the subsequent year, the petitioner having Roll Code No. 0 -111, Roll No. 70, Admit Card No. 180609 appeared in the Secondary School Examination from the centre Bethesda Girls' High School (Behind Grosner College, Ranchi). When the result was published, the petitioner did find her result to have been withheld. Later on, it could be known from the cross list received by the H.E.C. Girls' High School, Dhurwa that the petitioner has been shown wholly absent and presumably for that reason, result of the petitioner had been withheld. Immediately thereafter the petitioner filed an application before the Head Mistress of the school raising her grievance that she has been shown to have absented herself from the examination but, in fact, she had appeared in each and every paper which fact on verification of the record was found to be correct. Here also Annexure A to the counter affidavit filed on behalf of respondent No. 5, Head Mistress of the Bethesda Girls' High School shows about the attendance of the petitioner on each and every paper of the examination and even the copy number used by the petitioner has been given. Having verified all these matters, corrected cross list (Annexure 2/1) was issued wherein marks obtained by the petitioner in the subject in which she had appeared were put in by hand and not by computer and on that basis, corrected mark sheet (Annexure 2) by putting marks by hand was issued, though other entries were computerized. In course of time, the petitioner passed Intermediate Examination and then B.A. Economics (Hons.) in 1st Division. It is also the case of the petitioner that meanwhile, the petitioner made several representations through the school to the Secretary, Bihar School Examination Board, Ranchi for issuance of original mark sheet and the certificate and one such application was filed on 14.11.2000 but nothing was done by the authority in this respect. Therefore, there was no option for the petitioner but to move to this Court.
(3.) A counter affidavit has been filed on behalf of the respondent No. 2, Bihar School Examination Board, wherein it has been stated that the records available in this respect and the tabulation register do indicate that the petitioner has not appeared at all in the examination and, therefore, entry has been as 'wholly' absent' and that whatever correction is made in the certificate and in the tabulation register, that is done under the order of the Chairman/ Secretary. But no such order is available either in the Board's office or even in the school where intimation would have been given if had there been an order of rectification. Therefore, in absence of all these materials, corrected tabulation chart and the mark sheet annexed as Annexures 2 and 2/1 can easily be taken to be a forged documents.;