Braj Kishore Singh v. Bihar Intermediate Education Council
2002-04-19
R.N.PRASAD
body2002
DigiLaw.ai
Judgment R.N.Prasad, J. 1. In all the three writ petitions, similar question of law and facts are involved. They have been heard together and are being disposed of by this common order. 2. All the three writ petitions have been filed for issue of a writ in the nature of mandamus commanding the respondents to issue admit cards and allow the students of petitioners college to appear in the ensuing examination conducted by the Bihar Intermediate Education Council, hereinafter referred to as the Council for brevity. 3. The relevant facts of the case are that petitioners are Principals/Professor incharge. According to the petitioners, they deposited enlistment fee and also examination fee and form but the respondent-council is not issuing admit cards to their students to appear in the ensuing examination. Since the council was not issuing admit and they have moved this Court for issue of direction as indicated above. 4. A counter-affidavit has been filed on behalf of the Council in all the three writ petitions. The stand in the counter-affidavit is that enlistment fee was not deposited in time. In fact last date for submission of enlistment fee was 26.9.2001. The enlistment fee and forms were deposited after the last date and as such the Council did not issue admit cards to such students. Last date of submission of examination fee and form was 8.11.2001 but examination fee and forms were deposited much after the last date. Therefore, it was not possible for the Council to allow them to appear in the ensuing examination and as such no admit card was issued. In C.W.J.C. No. 3275/ 2002 stand has also been taken that Science faculty is not affiliated. However, during the course of argument earned Counsel for the Council submitted that now the examination is over but Council is ready to allow them to appear in the ensuing examination as private students provided they deposit admissible fee, etc. 5. Therefore, all the three writ petitions are disposed of directing the Council to allow the students to appear in the ensuring examination whose enlistment fee and forms were accepted by the Council. It is also made clear that if any admissible charge has not been paid by the students, they shall pay, then only they shall acquire right to appear in the ensuing examination.