Full Judgment Text
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 7132 OF 2013
(@ SPECIAL LEAVE PETITION(CIVIL)NO.8918 OF 2012)
CHAIRMAN, BIHAR SCHOOL EXAM.BOARD & ANR. PETITIONER(S)
VERSUS
SANJAY KUMAR & ORS. RESPONDENT(S)
O R D E R
1. Leave granted.
2. This appeal is directed against the judgment and order
passed by the High Court of Judicature at Patna in L.P.A.No.429 of
2010, dated 21.06.2011. By the impugned judgment and order, the High
Court has directed the Bihar School Examination Board-appellant
herein to declare the results of the students studied in an
unrecognised college.
3. We have heard learned counsel for the parties to the lis.
JUDGMENT
4. It is not in dispute nor it can be disputed by the
respondents-herein that they have studied in an unrecognised
college. If that is so, in our opinion, the High Court was not
justified in directing the Bihar School Examination Board to declare
the results of the students who have studied in an unrecognised
college. In view of the aforesaid, the impugned judgment and order
passed by the High Court cannot be sustained and the same requires
to be set aside.
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5. In the result, we allow this appeal and set aside the
impugned judgment and order passed by the High Court. No costs.
Ordered accordingly.
...........................J.
(H.L. DATTU)
...........................J.
(SUDHANSU JYOTI MUKHOPADHAYA)
NEW DELHI;
3
AUGUST 23, 201
JUDGMENT
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ITEM NO.51 COURT NO.4 SECTION XVI
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Civil) No(s).8918/2012
(From the judgement and order dated 21/06/2011 in CWJC
No.9738/2009,LPA No.429/2010 of the HIGH COURT OF JUDICATURE AT
PATNA)
CHAIRMAN BIHAR SCHOOL EXAM.BOARD & ANR. Petitioner(s)
VERSUS
SANJAY KUMAR & ORS. Respondent(s)
Date: 23/08/2013 This Petition was called on for hearing
today.
CORAM :
HON'BLE MR. JUSTICE H.L. DATTU
HON'BLE MR. JUSTICE SUDHANSU JYOTI MUKHOPADHAYA
For Petitioner(s) Mr.J.P.Cama, Sr.Adv.
Mr. Gopal Singh,Adv.
JUDGMENT
For Respondent(s) Mr.Ashutosh Thakur, Adv.
Priya Rai, Adv.
For Mr. Neeraj Shekhar,Adv.
UPON hearing counsel the Court made the following
O R D E R
Leave granted.
Heard learned counsel for the parties to the lis.
The appeal is allowed, in terms of the signed order.
(G.V.Ramana) (Vinod Kulvi)
Court Master Asstt.Registrar
(signed order is placed on the file)
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