Prabhakar Paswan vs The Bihar School Examination Board and Others

Narayan Roy, J.—Heard counsel for the parties and considered the counter affidavit filed on behalf of the respondent Board. By this application, the petitioner seeks direction upon the respondent Bihar School Examination Board (hereinafter to be referred to as "Board") to issue provisional marksheet of matriculation examination of the year 1991.

It is submitted by learned counsel for the petitioner that the petitioner passed the matriculation examination in the year 1991 and thereafter marksheet was issued by the Board, which he had deposited at the time of his admission to intermediate course and again he felt necessity of the marksheet and, accordingly, he applied for the same on 2.2.2001, for which receipt was granted by the Board, but till date the provisional marksheet has not been issued.

A counter affidavit has been filed on behalf of the respondent Board, wherein it is stated that at no point of time, marksheet was issued to the petitioner showing him as successful and the photo copy of the marksheets, as contained in annexure 2, is fake one. It is further stated in the counter affidavit that the petitioner somehow or the other managed to appear in the matriculation examination in collusion with the headmaster of the concerned school and on that account his result has been withheld.

Seeing the nature of the prayer of the petitioner, wherein he has prayed for issuance of provisional marksheet of the matriculation examination of the year 1991, I asked learned counsel for the petitioner as to why the petitioner is insisting for issuance of provisional marksheet and not for matriculation certificate, but learned counsel could not give any satisfactory explanation.

It appears that this writ application was filed on 8.3.2001 after a gap of ten years from passing of the examination, as stated by the petitioner and in case, the petitioner was a successful candidate and had passed the matriculation examination, the matriculation certificate must have been issued to him after sometime. At the same time, the petitioner is not asking for issuance of matriculation certificate for the reasons best known to him. Further, I fail to understand as to why the petitioner is asking the respondent Board for issuance of provisional marksheet when the marksheet was already issued to him.

Considering the facts and circumstances of the case and in view of the statement made in the counter affidavit, as referred to above, no case has been made out for issuance of a writ of mandamus upon the respondents. This application is, accordingly, dismissed.