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2003 DIGILAW 273 (PAT)

Pankaj Kumar v. State Of Bihar

2003-03-06

NARAYAN ROY

body2003
Judgment 1. Heard counsel for the parties. 2. Despite order dated 14.2.2003 no supplementary counter affidavit has been filed on behalf of the State. 3. This pertains to publication of result of the petitioner of ITI final examination of Sessions 1998-2000 for which examination was held in the month of July, 2000. 4. It is submitted by learned counsel for the petitioner that the petitioner was admitted in ITI Institute, Nawada for the Sessions 1998-2000 and after completing the studies he submitted his forms and fees etc. and he was allowed to appear in the examination held in the month of July, 2000 but his result has been withheld for the reasons best known to the authorities. Learned counsel further submits that the petitioner in this regard has fifed several representations before the Director, Labour Employment and Training Department, Bihar, Patna but his grievances have not been redressed. Earlier a counter affidavit was filed on behalf of the State stating therein that the petitioner was not eligible for admission in the institute but some how or the other he was admitted against supernumerary post. However, the fact that the petitioner was allowed to continue in the institute is not being denied nor it is said that he had not appeared in the examination held in July, 2000. 5. From the pleadings of the parties, it appears that the petitioner was a student of ITI, Nawada and after completing his studies for the Session 1998-2000 he appeared in the examination held in July, 2000 but his result has not yet been published. The authorities, in such circumstances, were required to issue the marksheet in case the petitioner had failed but his result, in any view of the matter, could not have been withheld. 6. Considering the facts and circumstances of the case, the respondent no. 3 the Examination Controller, Labour Employment and Training, I.T.I., Patna is directed to dispose of the representation filed by the petitioner by speaking order if not already disposed of and in case it is found that the petitioner has passed the examination of the Session 1998-2000 his result would be published forthwith and the marksheet would be supplied to him thereafter. This exercise however, must be completed by the authority within a period of six weeks from the date of receipt/production of a copy of this order. 7. With this direction/observation, this application is disposed of.