Neelmani Kumar vs The State of Bihar and Others

S.J. Mukhopadhaya, J.—The petitioner, a class X student eligible to appear in the Secondary (Matriculation) examination has preferred this writ petition for direction on the Bihar School Examination Board (Board for short) to accept his registration fees and forms as was forwarded by the Principal, Netarhat Residential School vide letter no. 1529 dated 28th August, 1999, thereby to allow him to fill up the forms to allow him to appear in the ensuing Secondary (Matriculation) examination scheduled to be held in February/March, 2000. It appears that the school in question (Netarhat Residential School) was closed for summer/rainy vacation for the period from 20th June, 1999 to 20th August, 1999. For the said reason, during the vacation, the petitioner proceeded to his village home in the district of Sitamarhi which district was flooded during the rainy season. During such vacation, the Board issued one notice no. 29 of 1999 and forwarded to different school authorities for registration of students to appear in the forthcoming Secondary (Matriculation) examination, which registration was to start from first week of July, 1999 and was to close on 30th July, 1999, with late fine. The petitioner having gone to the village home and the district being flooded could not come to know of the aforesaid notice, there being no separate notice published in the newspaper. After re-opening on 23rd August, 1999, the petitioner came to know of the same; deposited the requisite fee and form for registration to appear in the forthcoming Secondary examination scheduled to be held in February and March, 2000, which was forwarded by the Principal of the School by aforesaid letter dated 28th August, 1999. The said registration fees and forms having not accepted by the Board, the present writ petition has been preferred as form for appearing in the examination is to be submitted by 6th December, 1999.

The respondent Board in their counter affidavit took specific plea that the fees and forms for registration having not deposited in time as was stipulated vide notice no. 29 of 1999, the same was not accepted.

This Court taking into consideration the facts and circumstances asked the counsel for the Board to obtain instruction from the concerned authority as to why the court shall not direct them to accept the registration fees and forms of the petitioner as one of the exceptional case. The counsel for the Board informed the court that if the Board of its own accepts the same it will not only be against the notice, but will also open flood gate as many candidate may also request for acceptance of registration fees and forms at this belated stage. Further, according to the counsel as the forms for examination is to be made, if such opportunity is given, the Board may not cope up with the matter to conduct the examination in schedule time, as directed by this Court in another case.

As I find that only one person i.e. the petitioner moved before this Court for relief and there was no laches on the part of the petitioner, notice having issued during summer vacation and in the facts and circumstances, I am inclined to grant relief in favour of the petitioner, as one of the exceptional case.

Accordingly, I direct the respondents to accept the fees/forms of petitioner for his registration with further direction to accept the fees of form for appearance in the Secondary (Matriculation) examination scheduled to be held in February/March, 2000. If the petitioner deposits such forms with requisite fee in the school, within one week from today. In such case, on acceptance of such fees and forms, the petitioner should be allowed to appear in the examination by issuance of appropriate Admit Card. This case cannot be cited as precedents in other case, relief having granted in the facts and circumstances of the case.

The writ petition stands disposed of with the aforesaid observations and directions. Let a copy of this order be handed over to the counsel for the parties.