Dismissed¶33

Sanjay Kumar v. The Union of India

Patna HC17 Feb 2025L.P.A/484/2023

Case brief

AI extract

What is this about?

Patna High Court L.P.A No.484 of 2023 (in CWJC No.2165 of 2023), Sanjay Kumar v. Union of India & others (incl. NIOS), decided 17-02-2025. Keywords: unfair means; NIOS six months' bridge course examination March 2019; forfeiture of answer book; cancellation of earlier examination; permission to appear in next examination declined; issues of fact not decidable in writ petition; learned Single Judge upheld; appeal dismissed. Advocates: Arun Kumar Singh for appellant; Dr. K.N. Singh, ASG for respondents.

What did the court decide?

The appellant, in this Court's view, should have been content with the permission to him to appear in the next examination, which he unnecessarily declined. ¶29

Sanjay Kumar Vs The Union of India — Patna HC (2025) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.484 of 2023 In

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Civil Writ Jurisdiction Case No.2165 of 2023

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Sanjay Kumar, S/o Ram Chandra Yadav, Resident of Village- New Tarachak (Kumar Palace) P.S.- Danapur, District- Patna (Bihar).

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... ... Appellant/s

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Versus

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The Union of India through the Secretary, Department of School Education and Literacy, 124-C, Shastri Bhawan, New Delhi.

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The Additional Secretary (Institutions), Department of School Education and Literacy, 124-C, Shastri Bhawan, New Delhi.

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The Joint Secretary (E.E.I.), Department of School Education and Literacy, 124-C, Shastri Bhawan, New Delhi.

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The National Institute of Open Schooling, through Chairperson, A-24/25, Institutional Area, Sector- 62, Noida, District- Gautam Budh Nagar, Uttar Pradesh- 201309

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The Director (Evaluation), National Institute of Open Schooling, A-24/25, Institutional Area, Sector- 62, Noida, District- Gautam Budh Nagar, Uttar Pradesh- 201309

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... ... Respondent/s

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Appearance : For the Appellant/s : Mr. Arun Kumar Singh, Advocate For the Respondent/s : Dr. K.N. Singh, ASG ======================================================

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CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE ACTING CHIEF JUSTICE)

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Date : 17-02-2025

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The appellant had appeared in six months'

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bridge course examination conducted by National Institute of Open Schooling (NIOS) in March 2019. He was found to be using unfair means in the examination

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and, therefore, his answer book was forfeited.

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Patna High Court L.P.A No.484 of 2023 dt.17-02-2025 2/3

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Nonetheless, on his entreaties, he was permitted to appear in the next examination.

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He challenged the aforenoted decision before

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the National Institute of Open Schooling, which in its wisdom cancelled the earlier examination of the appellant

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also.

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The contention of the appellant before the learned Single Judge was that the Invigilator had wrongly concluded that the appellant was adopting unfair means in the examination and that also only on the basis of few chits of paper lying strewn near him.

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