- (1.) The instant application has been filed by the Bihar School Examination Board who is respondent in C.W.J.C. No. 1805 of 2000{R) for modification of the order dated 13-2-2002 passed by this Court in the aforementioned writ petition.
(2.) The aforesaid writ petition C.W.J.C. No. 1805/2000 was filed by one Naresh Prasad Singh (hereinafter referred to as the petitioner) seeking writ of mandamus directing the respondent-Board to issue Matriculation Certificate of his son namely, Barun Kumar Singh who had appeared in 1997 examination conducted by the Bihar School Examination Board.
(3.) Petitioners case is that his son was a regular student of Saraswati Vidya Mandir High School, Dhurwa, Ranchi and his name was registered in the Bihar School Examination Board, Patna (in short the Board). Petitioners son appeared in the examination in the year 1997 in all the papers but his name was recorded as absent in all the papers. However, marks-sheet was issued to him declaring him pass with first division. The Principal of the College also issued School Leaving Certificate and the petitioners son took admission in interme diate in the college. Petitioners further case was that matriculation certificate of his son was not issued for the reason that he was allegedly absent in all the papers. The aforesaid writ petition was disposed of on 13-2-2002 by passing the following order: "No counter-affidavit has been filed by the respondent-Bihar School Examination Board, although this Court adjourned this case time to time from 4-7-2000. This Court has no option but to dispose of the writ application. Mr. A. Sahay, learned counsel for the Board Submitted that strike of the employees of the Board is going on for a month and therefore counter-affidavit could not be filed. Admittedly, the employees were not on strike in between July 2000 and January, 2001 but no counter-affidavit was filed. Laches and negligence on the part of the officers of the Bihar School Examination Board is apparent from the facts of the present case in which petitioner has been denied issuance of matriculation certificate although he passed with distinction. Petitioner appeared in the matriculation examination in 1997 after the Board had issued Admit Card being No. 124209. Although petitioner appeared in all the subject but in the relevant register he was shown absent in all the papers and therefore his result could not be declared. However, when the petitioner approached the Board, a markssheet was issued wherein petitioner was declared pass with 1st Division. Petitioners son got admission in the College, but the Matriculation Certificate has not been issued to him despite several letters and reminders sent by the petitioner as also by the Principal of the School from where he appeared. In view of the uncontroverted facts stated in the writ petition, I have no option but to direct the respondents, particularly Secretary, Bihar School Examination Board, Patna to issue Matriculation Certificate in favour of the petitioner within a period of 30 days from the date of receipt/production of copy of this order. With the aforesaid observation and direction, this writ application is disposed of.";