JUDGMENT :

S. KUMAR, J.

Heard learned counsel for the parties.

2. This LPA has been preferred on behalf of Bihar School Examination Board for setting aside the judgment and order dated 19.12.2019 passed in CWJC No.21368 of 2019 passed by learned Single Judge allowing the writ petition filed by writ petitioner (Nagma Praveen).

3. Briefly stated the facts of the case is that a press release dated 3.3.2017 bearing No.19/2017 was issued by the Bihar School Examination Board intimating that 150 students have filed online forms from two schools having two different registration numbers and the Board has cancelled the candidature of all those 150 students, the details of whom were uploaded on the website of Board including that of petitioner.

4. Earlier, writ petitioner (Nagma Praveen) had filed CWJC No.7717 of 2017 for quashing that part of the list which indicated that writ petitioner had two registration numbers and her candidature has been cancelled with further prayer to allow the writ petitioner (Nagma Praveen) to appear in the Special Intermediate Examination, 2017 to be conducted by the Board. It was submitted by the writ petitioner (Nagma Praveen) that she was student of Aditya Singh High School, Hisua, Nawada in the year 2015 and after passing the secondary examination, 2015, she took admission in the Intermediate course at Magadh Central Secondary School, Hisua, Nawada in the year 2015 and she filled her form for registering herself for the intermediate examination, 2017 and she was allotted Registration No.0027 – 2015.

5. CWJC No.7717 of 2017 was disposed of on 23.06.2017 with a direction to the Board to cancel the additional registration number that has been issued in the name of writ petitioner and to allow her to appear in the compartmental Intermediate Examination-2017.

6. Aggrieved by order of learned Single Judge, Board preferred LPA being LPA No.955 of 2017 and the order passed by the learned Single Judge was modified by the Division Bench by its order dated 11.12.2017 which reads as follows:-

“Having heard learned counsel for the parties and taking note of the facts and circumstances of the case, we direct that the enquiry to be conducted by the Board, as directed by the Writ Court shall be concluded within a period of one month from today and depending upon the outcome of the said enquiry in case the respondent No.1 stands exonerated in the enquiry, her result in the compartmental examination undertaken by her shall be declared else the Board shall be free to cancel her examination and the respondent No. 1 shall be free to challenge the outcome of the enquiry and the order issued by the Board.

With the aforesaid modification in the order passed by the Writ Court, the appeal stands disposed of.”

7. Writ petitioner appeared in the special Intermediate Examination, 2017, however, her result was not declared and her registration number/candidature was also cancelled, as in the inquiry conducted by the Board, she was found guilty of misconduct and inquiry report dated 24.04.2018 was submitted to this effect.

8. In the inquiry conducted by the Board pursuant to liberty given by Division Bench in LPA No.955 of 2017, by order dated 23.06.2017, it was found that writ petitioner got herself registered twice for session 2015-17 from two different schools as a regular candidate. Writ petitioner was firstly admitted in Magadh Senior Secondary School, Nawada and thereafter, she got herself admitted in Intermediate High School, Karpy, Arwal by making online application from two schools and writ petitioner got two registration numbers, i.e., R-230810027/15 as being regular student of Magadh Central Senior Secondary School, Nawada and R-25008003815 being regular student of Intermediate High School, Karpy, Arwal. In the inquiry, it was found that writ petitioner and her parents committed misconduct by getting the petitioner admitted in two schools as regular student and also got two registration numbers from two schools to appear at the exa