High CourtsDivision Bench(2020) 09 PAT CK 0344

Grassroot Empowerment And Development vs State Of Bihar And Anr

Patna High Court · Decided on 28 September 2020

HON’BLE JUDGES
Sanjay Karol, CJ · S. Kumar, J
RESULT
Disposed Of
CASE NUMBER
Civil Writ Jurisdiction Case No. 7628 Of 2020

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Judgment

21 paragraphs · 434 words

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.