Anil Kumar Sinha, J. – The petitioner has filed the instant writ application being aggrieved by the Office Order, as contained in Memo No. BSEB (SS) 173/LS/17-DAR/EX/4288/D-20, dated 21.02.2020, issued by the Secretary, Bihar School Examination Board, Patna (Annexure 1), whereby the result of Intermediate of Science Examination, 2004, of the petitioner, having Roll Code 5109 and Roll No. 10069, has been cancelled.

2. The brief facts of the case is that the petitioner, after passing out his matriculation examination, took admission in C. M. College, Darbhanga, in the Sessions 1999-2001 of Intermediate of Arts in the year 1999. He appeared in the said examination in the year 2001 and passed with second division. He again got himself enlisted with the Bihar Intermediate Education Council, in the year 2002 in Intermediate of Science from the L.C.S. College, Darbhanga, on the basis of his matriculation certificate of the year 1999 as a regular student in Science stream and appeared in the Intermediate of Science Examination, 2004 and passed with First Division. On the basis of result of Intermediate of Arts Examination, 2001, the petitioner also got admitted in Graduation course.

3. A notice was published by the Bihar School Examination Board in the Hindi newspaper ‘Dainik Jagran’ on 26.04.2013, stating therein that the Intermediate of Science certificate obtained by the petitioner in the year 2004 stands cancelled on the ground that he had also appeared in the Intermediate Examination held in the year 2001 in different stream and had passed the said examination with Second Division. Therefore, his appearance in the Intermediate Examination for the second time in different stream is not in accordance with Rules/Regulation.

4. The petitioner challenged the aforesaid notice issued by the Bihar School Examination Board before this Court, in CWJC No. 9556 of 2013. A co-ordinate Bench of this Court arrived at the finding by its order, dated 26.07.2017, that after examining the statutory provisions, the Court is satisfied that the petitioner could not have been allowed to be admitted in the Intermediate of Science course after having passed the Intermediate of Arts Examination within three years, since the second enlistment was not permissible under the Rules. As a matter of fact, the petitioner cannot be allowed to continue with two certificates. This being legally impermissible, the co-ordinate Bench dismissed the writ application.

5. The petitioner, being aggrieved by the dismissal of his writ application, preferred L.P.A. No. 1122 of 2017, and a Division Bench of this Court disposed the appeal, vide order, dated 29.11.2019, observing that in view of the discussions made above, we allow the appeal setting aside the order dated 26.07.2017 passed by learned single Judge in C.W.J.C. No. 9556 of 2013. The impugned notice no. 23 of 2013 issued in the newspaper dated 26.04.2013, whereby the result of the appellant pertaining to Intermediate examination of 2004 was cancelled is modified to the extent that the said notice shall be treated as a show cause notice to the appellant, as to why his result pertaining to the examination year 2004 and the certificate issued by the Board be not cancelled in this regard on the ground that he had appeared in the Intermediate examination in the year 2001 and passed the same. The appellant shall be required to submit his reply to the show cause notice before the Secretary of the Board within four weeks from today giving his cell phone number and postal address. Thereafter, the Secretary of the Board shall fix a date of hearing and communicate the same to the appellant by post as well as by sending message on his cell phone. The appellant shall be required to be present on the date so fixed by the Secretary of the Board for personal hearing. After considering the show cause reply of the appellant and after giving an opportunity of personal hearing to him, the Secretary shall be required to pass a speaking order