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2007 DIGILAW 610 (PAT)

Abha Devi v. State Of Bihar

2007-03-23

V.N.SINHA

body2007
Judgment 1. This case has been filed today and under orders of Civil Application and Motion Bench has been notified for being heard today itself at 2.15 P.M., in the circumstances, counsel for the State, Government Advocate No. 2 prays for and is allowed time until 4 P.M. to seek instruction in the matter from the S.R, Nawadah as to why the armed force was not made available for his appearance in the examination at Commerce College, Patna Centre in the light of the orders of the court below dated 17/19.3.2007 as contained in Annexure-5 series. Put up at 4 P.M. 2. Heard learned counsel for the petitioners and the Government Advocate No. 2 for the State, who on the basis of the telephonic instructions received from the Superintendent of Police, Nawadah states that petitioner is a hardened criminal and accused in a double murder case in which even witnesses for their appearance in a trial court are being escorted by the police. In the circumstances, he should not be allowed to appear in the M.A. Final Examination, 2004 at Commerce College, Patna Centre under police escort. 3. In reply, counsel for the petitioners with reference to the marks-sheet of petitioner no. 2 for the M.A. Previous Examination, 2002 held in September, 2004 has submitted that he secured highest marks in Labour and Social Welfare subject in the said examination and in this connection made reference to the averments made in paragraph 7 of the writ petition. It is further submitted on his behalf that if he is allowed to appear in second paper and other papers of the M.A. (Final) Examination, 2004, which is scheduled to be held on 26th March, 2007 and onwards then he can appear in the 1st paper which has already been held on 22.3.2007 in the M.A. (Final) Examination, 2005, as and when held failing which he shall not be in a position to appear in the M.A. Examination ever. 4. Perused the annexures appended with the writ petition. Petitioner No. 2 was also granted Admit-Card to appear in the M.A. Final Examination, 2003, which was scheduled to begin on 8.7.2006, but he could not appear in the said examination as three days prior thereto he was taken in custody in a double murder case vide Narhat PS. Case No. 92 of 2005. 5. Petitioner No. 2 was also granted Admit-Card to appear in the M.A. Final Examination, 2003, which was scheduled to begin on 8.7.2006, but he could not appear in the said examination as three days prior thereto he was taken in custody in a double murder case vide Narhat PS. Case No. 92 of 2005. 5. There is no averment in the writ petition that if petitioner no. 2 is not allowed to appear in the M.A. (Final) Examination, 2004, which has already begun on 22.3.2007 then he shall not be permitted to appear in any subsequent M.A. (Final) Examination, as such, I am not inclined to accept such submission and if petitioner no. 2 on his own did not make any attempt for appearing in the M.A. (Final) Examination, 2003, as he has made such attempts for appearing in the present M.A. Examination, then he is to blame himself for such non-appearance and in the circumstances, I am not inclined to intervene in this matter without hearing the University concerned which has not even been impleaded as party respondent in the case and petitioner has approached this Court belatedly after the examination has begun, in the circumstances, prayer made in this writ application is dismissed.