JUDGMENT :

I.A. No. 4231 of 2020

Office has reported that this appeal is not time barred.

2. Accordingly, learned counsel for the appellant seeks leave to withdraw this Interlocutory Application.

3. In the result, this Interlocutory Application is permitted to be withdrawn.

L.P.A. No. 240 of 2020

4. The instant appeal, preferred under Clause 10 of the Letters Patent, is directed against the order/judgment dated 03.03.2020 passed by learned Single Judge of this Court in W.P.(C) No.3461 of 2014 whereby the writ petition has been dismissed on the ground of disputed questions of fact which are of complex nature and require leading evidence for their determination.

5. The brief facts of the case as per the pleadings made in the writ petition which require to be enumerated, read as under :-

The petitioner passed Intermediate examination in the year 1994 from B.N. College, Daltonganj under Bihar Intermediate Education Council, Patna. He was a regular candidate of Intermediate Arts for the Session 1992-94 and as a regular candidate he applied for registration before the Bihar Intermediate Education Council, Patna, having Enlistment No.P-2475/92 and registration number was provided to the petitioner. He appeared in the annual examination of intermediate in Arts and the results of the Sessions 1992-94 were published sometime in the month of July 1994 but the results of those candidates who had opted Logic and Psychology were kept pending. The candidates whose results were kept pending raised their grievance before the concerned college i.e., B.N.College, Daltonganj. Thereafter, the answer sheets of the candidates, whose results were kept pending, were again tabulated in St. Xavier College, Ranchi and upon tabulation of answer sheets, marks were allotted to Logic and Psychology papers and accordingly, cross list and marks were sent to the college and regional office of Bihar Intermediate Education Council situated at Ranchi. After the petitioner passed the Intermediate examination, the concerned college has issued character certificate in favour of the petitioner.

After passing the Intermediate examination, petitioner pursued further studies and passed Graduation examination and also Teachers Training Course from Ranchi University and Pt. Ravi Shankar Shukla University, Raipur respectively.

In the year 2012, the petitioner also qualified the Teachers Eligibility Test conducted by the Jharkhand Academic Council and consequently applied for the post of Trained Graduate Teacher in upgraded high school. After qualifying the Teachers Eligibility Test, the petitioner wanted to appear in the Graduate Trained Teacher examination for which marks sheet and original certificate of Intermediate were required because those educational testimonials were required to be furnished at the time of interview and as such petitioner made a representation through proper channel with a request to furnish the marksheet and original certificate of intermediate.

It is the further case of the petitioner that as the petitioner is a bona fide candidate and has been declared successful pursuant to which he has pursued his further studies but the Intermediate Council has not issued markssheet and original certificate in favour of the petitioner which is highly illegal and arbitrary in nature.

The writ petitioner, in the backdrop of the aforesaid grounds/facts, has filed writ petition being W.P.(C) No. 3461 of 2014 praying therein for issuance of following directions :-

“For issuance of a writ in the nature of mandamus, commanding upon the respondent particularly respondent no.1 to issue marks sheet and original certificate of intermediate of the petitioner which has been withheld since long without any rhyme and reason, causing serious injury and is detrimental to the interest of the petitioner in an ensuing vacancy of public employment.”

The case of the writ petitioner was contested by the respondent Board by filing counter affidavit taking the plea that the petitioner has never ap