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1999 DIGILAW 551 (PAT)

Shyamal Kishore Yadav v. State Of Bihar

1999-07-02

S.N.JHA

body1999
Judgment S.N.Jha, J. 1. In this writ petition the petitioner seeks direction to the respondents to publish his Teachers Training examination result. 2. While admitting the petition for regular hearing on 25.7.90, this Court passed the following interim order: In the meantime the mark-sheet of the petitioner, if applied, be given to him within two months from the date of application therefor. In the remarks column of the mark-sheet of the petitioner pass or fail will not be filled up nor any certificate or degree or diploma be issued to the petitioner till the final disposal of this application. It is stated by the Counsel for the petitioner that in the light of the aforesaid interim order, the marks-sheet was supplied to the petitioner and as per the marks shown therein, he has obtained second division. However, he has not been declared to have passed, nor any certificate has been issued in view of the aforesaid interim order and pendency of this case. 3 The controversy, it would thus appear, lies in narrow compass as to whether the respondents should be directed to formally declare the result of the petitioner or not. The facts of the case leading to the present petition may shortly be stated as follows: 4. On the basis of the result of his matriculation examination which he passed from Mahabir High School, Tikulia Bishunpur Sundar, district Saharsa in 1980, the petitioner was selected for admission to the Teachers Training School, Manhara Sukhasan, district of Madhepura vide memo No. 890 dated 23.8.80 of the Principal of the said School. On 29.8.80, he was formally admitted in the School. He started attending classes, from 2.9.80. On 19.9.80 however, he was restrained from attending the classes on the ground that his admission had been cancelled by the Principal vide memo No. 1928 dated 17.9.80. The petitioner challenged the said order in this Court in C.W.J.C. No. 2784. On the ground that no inquiry had been made as to the eligibility or otherwise of the petitioner, the order was quashed but with liberty to the concerned authority to make inquiry and pass orders in accordance with law. It may be mentioned here that the petitioner was admitted in the school as a handicapped and the controversy sought to be raised at that stage was that he did not fulfil the criteria for being admitted in the handicapped category. It may be mentioned here that the petitioner was admitted in the school as a handicapped and the controversy sought to be raised at that stage was that he did not fulfil the criteria for being admitted in the handicapped category. It may also be stated that after cancelling the petitioners admission, another candidate was admitted in his place who was made respondent No. 4 in the said writ petition, in which he filed counter-affidavit and was also heard. He figures as respondent No. 5 in the present case. 5. From the order dated 10.8.84 passed in C.W.J.C. No. 801/84 which the petitioner filed later when he was not being allowed to appear in the examination, it appears that in the light of the aforesaid order of this Court in C.W.J.C. No. 2784/80, he had been allowed to complete his studies; however, no inquiry had been made as to whether the petitioner was handicapped or not. In the circumstances, this Court by order dated 10.8.84, directed the concerned respondents to permit the petitioner to appear in the examination, result whereof was made subject to the ultimate decision in the case. Unfortunately, as circumstances would have it, under some wrong advice, the petitioner withdrew the writ petition on 11.7.88. 6. It would thus appear that in sense the present writ petition has been filed in continuation of the earlier writ petition, namely, C.W.J.C. No. 801/84. Having already been allowed to appear in the examination, subject to the result of the case, the petitioner should have pressed the case and obtained favourable order, instead, he chose to withdraw the same. Be that as it may, as indicated at the outset, it is the case of the petitioner that in the light of the interim order passed in this case, the marks-sheet has been issued to him as per which he was secured 2nd division. The result, however, has not been formally published on account of the resultant order as contained in the interim order dated 25.7.90 quoted above. 7. The result, however, has not been formally published on account of the resultant order as contained in the interim order dated 25.7.90 quoted above. 7. In my opinion, if the facts of the case as stated above, are correct, and it is a fact that the petitioner prosecuted the studies in the teachers training course and appeared in the examination pursuant to the orders of this Court, and there is no cogent reason to disbelieve the same, it would only be just and proper to ask the respondents to formally publish the result by making necessary endorsement in the relevant column of the marks sheet and issuing certificate, degree or diploma, as the case may be to him which should be done as early as possible, preferably within two months from the date of receipt of a copy of this order. 8. Before I part with this order, I must mention that although the case was filed in the year 1990 no counter-affidavit has been filed on behalf of the authority, the State of Bihar or its officers or on behalf of the Principal, Teachers Training School, or Bihar School Examination Board or even respondent No. 5. As a matter of fact, earlier also, except respondent No. 5, they do not seem to have filed any counter-affidavit. The statements in the writ petition, therefore, have been accepted as correct on their face value in passing the above said order. 9. In the result this writ petition is allowed. Let direction issue to the Bihar School Examination Board thorough its Secretary to formally declare the petitioners result of the Teachers Training Examination held in 1984 for the Session 1980-82, in the manner indicated above. No order as to costs.