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2004 DIGILAW 654 (JHR)

Shagufta Rahat Bano @ Shagufa Rahat v. Vinoba Bhave University

2004-06-29

AMARESHWAR SAHAY

body2004
ORDER 1. Heard the parties. 2. The prayer of the petitioners in this writ application is for direction to the respondents, particularly respondent No. 2, Vice-Chancellor, Vinoba Bhawe University, Hazaribagh. to allow the petitioners to appear in BA and B. Corn. Part-1 examination, which was going to start from 20.6.2002. 3. This Court by an interim order dated 18.6.2002 allowed the petitioners to appear provisionally in the said examination and the University was directed to accept the forms. Accordingly, it is stated that the petitioners had appeared in the said examination but the result has been kept pending. 4. The grievance of the petitioner is that though they were regular students of the Coalfield College, Bhaga but due to some dispute between the two groups of the Governing Body of the College, their Registration Forms etc. were not submitted to the University and, therefore, for no fault on their part, they were deprived from appearing in the examination. 5. The Vinoba Bhave University has filed counter affidavit and has denied the statement made in this writ application. The stand of the University is that from the enquiry report, which was submitted by the Principal of GM College, Dhanbad and Secretary, add hoc Committee, Coalfield College, Bhaga it appears that the petitioners were not admitted in the said college at all and, therefore, they were not the regular students and, as such, they were not allowed to appear in the examination. 6. The petitioners have annexed copies of the certificates granted by the Principal of the College, from which it appears that the petitioners were admitted in the College and were regularly attending their classes. 7. However, this disputed question of fact as to whether the petitioners were admitted in the College cannot be decided in this writ application as it requires verification of various relevant records. 8. Accordingly, this application is being disposed of with a direction to the Vice-Chancellor. Vinoba Bhave University, to conduct an enquiry into the matter by the Registrar of the University. The enquiry must be completed within a period of four weeks from the date of receipt/service of a copy of this order. After the submission of the enquiry report, within one week, the Vice- Chancellor, shall pass an appropriate order in accordance with law. Vinoba Bhave University, to conduct an enquiry into the matter by the Registrar of the University. The enquiry must be completed within a period of four weeks from the date of receipt/service of a copy of this order. After the submission of the enquiry report, within one week, the Vice- Chancellor, shall pass an appropriate order in accordance with law. If it is found in the enquiry that the petitioners were regular students of the College in question, the result of the examination in which the petitioners have appeared and has been kept pending, shall be declared. Pursuant to the order/direction of this Court the learned counsel for the respondent University has produced before me the marks obtained by the petitioners in the aforesaid examination. It appears that the result of the petitioner has been kept pending. The same is being returned to Mrs. I. Sen Choudhary. 9. With the above observations and directions this application is disposed of. 10. Let a copy of this order be handed over to Mrs. Indrani Sen Choudhary for compliance of the order.