High CourtsDivision Bench

The Secretary, Bihar School Examination Board vs Neha and Others

Patna High Court · Decided on 16 December 2004 · Citation: (2006) 1 PLJR 344

HON’BLE JUDGES
Nagendra Rai, Acting C.J. · S.N. Hussain, J
RESULT
Dismissed
CASE NUMBER
LPA No. 1153 of 2004
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Judgment

2 paragraphs · 159 words
1.

Heard learned counsel for the appellants. Only on the ground that the residential certificate was not granted by a competent authority, the result of the writ petitioner/respondent No. 1 was cancelled. The learned Single Judge has found that the candidate itself was the victim of the fraud played upon her. Later on when she came to know that the residential certificate was not granted by the competent authority, immediately her guardian filed a fresh residential certificate granted by the competent authority. There is no dispute that the address given in both the certificates are correct. In that view of the matter for the fraud played upon the minor girl by some one, should not be a ground to take such harsh decision by the Board specially when subsequently certificate given by the competent authority shows that there is no misrepresentation about the factual aspect.

2.

Accordingly, there is no merit in this appeal and the same is dismissed.