In two writ petitions challenging the non-publication of scrutiny results, the Patna High Court dismissed the applications because the petitioners failed to deposit the requisite scrutiny fees, which they admitted online payment for had failed.
Prayers for publication of scrutiny results dismissed due to non-payment of fees.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.20720 of 2018
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Jayprakash Sinha son of Dinesh Prasad, Under natural guardian of Dinesh Prasad, Resident of Village- Sasbahana, Post- Ghuskuri, P.S.- Sheikhpura, District- Sheikhpura, Roll No. 18010079.
... ... Petitioner/s
Versus
... ... Respondent/s
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with Civil Writ Jurisdiction Case No. 20214 of 2018
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Om Prakash Sinha Son of Dinesh Prasad Resident of Village-Sasbahana,Post Ghuskuri,Arari,P.S. Sheikhpura,Distt.-Sheikhpura,Roll-18010087
... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance : (In Civil Writ Jurisdiction Case No. 20720 of 2018) For the Petitioner/s : Mr. Ranjeet Kumar Mishra For the Respondent/s : Mr. Madhaw Pd. Yadaw- GP-23 For the B.S.E.B. : Ms. Binita Singh (In Civil Writ Jurisdiction Case No. 20214 of 2018) For the Petitioner/s : Mr. Ranjeet Kumar Mishra For the Respondent/s : Mr. Jitendra Kr. Roy 1- SC13 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH
ORAL ORDER
4 05-12-2018 A counter affidavit has been filed on behalf of the
Bihar School Examination Board in C.W.J.C. No. 20214 of
Patna High Court CWJC No.20720 of 2018(5) dt.05-12-2018 2/2
Learned counsel for the Board is permitted to make necessary corrections in the counter affidavit, in course of the day.
It has been stated in the said counter affidavit that though the petitioner had applied for scrutiny of his answersheet but he has not deposited the requisite fee prescribed for scrutiny. It has also been stated that if the petitioner applies for the answer-sheet under the Right to Information Act, he shall be supplied the same in accordance with the procedure prescribed therefor. The petitioner is not in a position to dispute the fact that the scrutiny fee could not be paid and admittedly online payment had failed.
In that view of the above-noted facts, the prayer of the petitioner to publish his result of scrutiny of the subjects Physics and Chemistry, cannot be allowed.
This application is, accordingly, dismissed.
For the same reason, C.W.J.C. No. 20720 of 2018 is
also dismissed.
(Chakradhari Sharan Singh, J)
Ashish/-
U
1 issue framed by the court
Whether the petitioner's prayer to publish his result of scrutiny can be allowed despite non-deposit of the requisite fee.
Jayprakash Sinha, Om Prakash Sinha
The State of Bihar, Bihar School Examination Board
Chakradhari Sharan Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
