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Judgment
Present writ petition has been filed in form of PIL for following reliefs:-
“This is an application on behalf of the petitioner for issuance of a writ in the nature of mandamus or any other appropriate writ(s), order(s),
direction(s) to direct the respondents to come up with a policy regarding the promotion of the Class Xth and XIIth students in line with the other
boards like CBSE, ICSE and NIOS which have already promoted their students on the basis of the internal assessment.
To issue a writ in the nature of mandamus or any other appropriate writ(s), order(s), direction(s) to direct the respondents to take immediate
action/decision for the welfare of the students enrolled in class Xth and XIIth as the admission and enrolment in the Universities have been initiated.
To issue a writ in the nature of mandamus or any other appropriate writ(s), order(s), direction(s) ,to order the respondent authorities to promote the
class Xth and XII students enrolled with the Bihar Board of Open Schooling and Examination (hereinafter referred as “BBOSEâ€) on the basis of
the Tutor Marked Assignment (hereinafter referred as “TMA’).
To issue a writ in the nature of mandamus or any other appropriate writ(s), order(s) direction(s) to order the respondent authorities to immediately
announce the cancellation of the examination for the students enrolled in Class Xth and XIIth in the BBOSE.â€
Counter affidavit has been filed on behalf of respondent no.2, Bihar Board of Open Schooling and Examination in which it has been stated that Board
has already resolved to conduct the examination of Class X and XII from 3rd October, 2020. It has been further stated that Board has devised a plan
that those students who are unable to appear in the examination for whatsoever reason, they will be given opportunity to appear in special examination
which may be conducted by Board as and when feasible so that the students is not put to any inconvenience or disadvantage and those students who
are urgently in need of certification may apply for on demand examination which will be conducted in the campus of Chanakya Law University and
will be conducted within a short span of time.
From the averments made in the counter affidavit, it appears that grievance of the petitioner stands redressed by the respondent - Bihar Board of
Open Schooling and Examination and there is no need to continue this proceeding any further.
The writ petition is accordingly disposed of, however, if any grievance of the petitioner still survives, liberty reserve to it to take recourse to such
remedies as are otherwise available in accordance with law.
