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2004 DIGILAW 1133 (PAT)

Brij Mohan Kumar v. State Of Bihar

2004-11-09

SHASHANK KR.SINGH

body2004
Judgment 1. Heard learned counsel for the petitioners and the State. 2. All the writ petitioners who are 13 in number are similarly situated as they have completed their two years course in I.T.I. Barari, Bhagalpur in the session 1998-2000 and 2000-2002, the examination for which was held in the year 2002 and result declared in January, 2003 but their results have been kept pending. 3. A prayer has been made for a direction to the Examination Controller (Respondent no. 3) to declare the results of the petitioners as they have already appeared in the said examination and the result of other similarly situated candidates have been declared. 4. This court has gone into the averments made in the writ application counter affidavit and rejoinder thereto. Few aspects which are admitted and not denied are that the petitioners were duly qualified to be admitted in the aforesaid course and they were admitted. Vacancy did exists, they have completed the course in question, they have filled up their forms and deposited the fees admit cards were issued to them and they have appeared in the examination. Now the only aspect is whether at this stage their results can be withheld for one reason or the other. 5. Contention on behalf of the State by filing a counter affidavit is that after enquiry it has come to the knowledge that the authorities of the Labour Employment and Training, Government of Bihar were looking into of these aspects of the matter and were likely to come to a conclusion in near future as to whether they be allowed to appear in the aforesaid examination? 6. If that be the only ground as has been argued by learned counsel for the State, today the said ground hardly exists as neither their qualifications for admission is denied nor any allegation of fraudulent act on the part of the petitioners are there in getting the aforesaid admission rather it is contended that the then Principal of the Bhagalpur I.T.I. should not have admitted these students on the seats reserved for the persons belonging to reserve category. The petitioners completed their course is also not denied. Rather it is accepted that after filling up the forms and depositing the fees, admit cards were issued to them and they had appeared in the examination. The petitioners completed their course is also not denied. Rather it is accepted that after filling up the forms and depositing the fees, admit cards were issued to them and they had appeared in the examination. If that be so, as the results of others have been declared, the authorities are bound to declare the result of the petitioners also either way if the petitioners have passed or failed in the said examination and issue mark sheets to that effect within a period of three months from the date of receipt/ production of a copy of this order. It is accordingly ordered. 7. It would not be out of place to mention here that similar other matters came for consideration before this court and similar orders were passed for the sessions 1998-2000 and other sessions and the orders which are appended in the writ application as Annexure-2 series, said orders were also subject matter of L.P.A. which were also dismissed by this Court. 8. This writ application stands disposed of with the aforesaid observation and direction.