Research › Search › Judgment

Patna High Court · body

2007 DIGILAW 669 (PAT)

Abha Devi v. State Of Bihar

2007-04-03

AFTAB ALAM, REKHA KUMARI

body2007
Judgment 1. This appeal was listed today before a Bench presided over by Hon ble the Chief Justice. It was, however, notified in the morning that the list of the Chief Justices Court would stand over for the day. A prayer was therefore, made before us, as the Application and Moton Bench, that the appeal might be taken/up today itself in view of the fact that the next paper in the examination forming the subject of the case was scheduled for tomorrow. As prayed on behalf of the appellants, we directed the appeal to be notified to be taken up for Admission before us and proceeded to hear it at 12.30 P.M. 2. Heard Mr. Ganesh Prasad Singh, Senior Advocate in support of the appeal. 3. This appeal is directed against the order dated 23.3.2007* passed by a learned Single Judge by which he disallowed the appellants prayer for a direction to the Superintendent of Police, Nawadah for providing police escort and making other arrangements to take the writ petitionerappellant no. 2 from Nawadah Jail to the Examination Centre at Commerce College, Patna for appearing in the M.A. final examination in Labour and Social Welfare. 4. Appellant No. 2 was a student of M.A. in Labour and Social Welfare for the Session 2002-03. The examination for the M.A. previous year was held in September, 2004 in which he duly appeared. In that examination he secured 1st Class marks in all the eight papers; according to the appellants, he secured the highest aggregate in the University. The M.A. final examination for that session was scheduled from 8.7.2006 but appellant no. 2 was arrested three days before on 5.7.2006 in connection with Narhat PS. Case No. 92/05 relating to murder of two people. Admittedly he is also an accused in at least five other cases, some of which are under the Arms Act. Since he was arrested a few days before the commencement of the examination, he was unable to appear in the examination held in July, 2006. 5. The M.A. final examination of Magadh University for this year was scheduled from 22.3.2007. According to the appellants, appellant no. 2 moved different courts where the cases were pending in which he was one of the accused including the court where he is facing trial in Narhat P.S. Case No. 92/05. 5. The M.A. final examination of Magadh University for this year was scheduled from 22.3.2007. According to the appellants, appellant no. 2 moved different courts where the cases were pending in which he was one of the accused including the court where he is facing trial in Narhat P.S. Case No. 92/05. The different Courts gave him permission for appearing in the examination and asked the district administration/Superintendent of Police, Nawadah to make arrangement for taking appellant no. 2 from Nawadah Jail to the examination centre at Commerce College, Patna under police escort provided he deposited the necessary cost. It appears that the Superintendent of Police intimated the Jailor, Nawadah Jail that it was not possible to make such arrangement in view of the acute shortage of forces in his district. 6. The appellants then filed a writ petition being C.W.J.CNo. 3769 of 2007 in this Court on 23.3.2007. Having regard to the urgency of the matter, the case was heard by a learned Single Judge on the same day. In the first hour the writ court asked the State Counsel to get necessary instructions from the Superintendent of Police, Nawadah, telephonically and at 4 OClock passed the final order on hearing counsel for the parties. From the order of the writ court it appears that the Superintendent of Police, Nawadah reported that appellant no. 2 was a hardened criminal and was an accused in a double murder case in which even witnesses for their evidence before the trial court were being escorted by the police. The Superintendent of Police also indicated the other logistical difficulties in taking appellant no. 2 from Nawadah Jail to the examination centre at Patna and back from there on different dates. 7. On hearing counsel for the parties, the learned Single Judge declined to allow the appellants prayer, inter alia, observing that the appellants had approached the Court at the eleventh hour. In light of the observations made by the writ court we wanted to know from Mr. Ganesh Prasad Singh as to when did the appellants first came to learn about the examination schedule. He referred to an University communique published in the newspaper, a copy of which is at Annexure-4, but he was unable to give the date on which the communique was published in the newspaper. All that Mr. Ganesh Prasad Singh as to when did the appellants first came to learn about the examination schedule. He referred to an University communique published in the newspaper, a copy of which is at Annexure-4, but he was unable to give the date on which the communique was published in the newspaper. All that Mr. Singh could tell us is that the orders were passed by the different Courts on 17.3.2007. 8. We find the observation of the learned Single Judge quite appropriate that the appellants were themselves responsible for moving the court in the matter at a very belated stage. 9. The main ground on which the appellants sought intervention of the Court was that if appellant no. 2 was not allowed to appear in this examination, he would loose for ever the chance to appear in the M.A. examination. We asked Mr. Singh the relevant rules of Magadh University in light of which such apprehension was being expressed, Mr. Singh fairly stated that he was not aware of any such statutory rule(s) of the University. 10. In the circumstances, we find no error in the order passed by the learned Single Judge and we see no reason to interfere in this matter. This appeal is accordingly dismissed.