By M Alok
Patna, July 28: The Patna high court has imposed a cost of Rs 5 lakh on the Bihar School Examination Board (BSEB) for withholding the Class 10 marksheet of a girl for six years “without any reason” and directed it to pay Rs. 10 lakh as an “exemplary compensation” to another girl for more than eight-year delay in declaring her intermediate (Class 12) examinations result.
A single bench of Justice Sanjeev Prakash Sharma on Thursday took suo motu cognizance of withholding the marksheets and certificates of petitioner Sarswati Kumari of Parto Karharia village in Nawada district for six years “without any reason” and ordered payment of the amount to her.
“This Court finds that the marksheet was prepared on May 29, 2016, by the Board and the certificate was prepared on April 28, 2016, and the provisional certificate was prepared and signed on May 29, 2019. After the signatures by the secretary on the certificates and marksheet, the action of the respondents in withholding the certificates has to be treated as completely arbitrary and unjustifying. Compensation is, therefore, required to be paid to the young students who lost six years of her valuable life and is deprived to further pursuing her studies,” Justice Sharma said. He also warned the BSEB to be more sensitive to the students’ career in future.
In aonther order passed on July 12, the Patna high court directed the Bihar School Examination Board (BSEB) to pay Rs. 10 lakh as an “exemplary compensation” to girl for more than eight-year delay in declaring her intermediate (Class 12) examinations result.
In his order, Justice Sanjeev Prakash Sharma said, “It is a case where this Court would invoke its powers of granting compensation as the valuable right to life and personal liberty of the young girl has been taken away on account of capricious action of the respondents Board. Therefore, a sum of Rs. 10 lakh is awarded to the student as an exemplary compensation.”
Justice Sharma, however, said the compensation would only be “a small gesture of relief” as the court was of the view that it would not compensate the loss she had suffered.
The girl had appeared in the ISc (Intermediate science) examination in 2012 and the BSEB declared her result on declared on July 4, 2020 which showed that she had passed with first division.
The girl’s father, Mr Gauri Shankar Sharma of Sonapur village in Begusarai district, had filed the petition in 2019 stating that he had submitted many representations to the BSEB secretary as well as the centre superintendent, Project Girls High School, Bakhri Begusarai, from where his daughter had appeared in the examination, declaration of the result. The Principal of BKSKS Inter College, Gorhpura, Begusarai, had also written letters to the BSEB secretary in this regard. “Applications made under Rights to Information (RTI). are also on record. It goes to show that nonchalant and whimsical approach was adopted by the officials of the board,” the judge said.
Earlier, the BSEB counsel told the court that the result of the petitioner’s daughter had already been declared and pleaded that the delay might be condoned.
Petitioner’s counsel Amit Kumar Anand, however, said that the girl had suffered immensely, and her career had been jeopardised on account of eight-year delay in declaration of her result.
