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2016 Supreme(Pat) 1419

AJAY KUMAR TRIPATHI
Bihar School Examination Board – Appellant
Versus
Bihar Human Rights Commission – Respondent


Advocates Appeared:
For the Appellant : Satyabir Bharti and Apauna Arun
For the Respondent: Pramod Kr. Sinha, Permanand Prasad, Arvind Kr. Sharma and Chetan Kumar

JUDGMENT :

Ajay Kumar Tripathi, J.

1. Heard parties. The Bihar School Examination Board is before the High Court challenging the order dated 21.1.2016 passed in file No. 3268 of 2014 by the State Human Rights Commission. The said impugned order is Annexure-17 to the writ application.

2. By virtue of this decision, a cost of Rs. 1 lac has been imposed upon the State Government, the Department of Education and Bihar School Examination Board. The order further gives liberty to all the three authorities to recover a sum of Rs. 25,000/- from such officer who was responsible for denying the benefit of scholarship from the Education Department and another Rs. 75,000/- from such teachers, officers or employees who were responsible for showing the private respondent No. 2 to have failed in the examination.

3. Submission of learned counsel representing Examination Board is that the grievance of the petitioner raised before the Commission that it was because of the omission on the part of the Examination Board that she was shown to have failed in mathematics with only five marks as well as having failed overall which made the petitioner suffer for almost a year, before the necessary rectification








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