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Jharkhand High Court · body

2012 DIGILAW 23 (JHR)

Rahul Kumar v. National Institute of Foundry & Forge Technology, Ranchi

2012-01-04

N.N.TIWARI

body2012
JUDGMENT The petitioners, who are the students of National Institute of Foundry & Forge Technology, Ranchi, have prayed for a direction on the respondents to extend the time to furnish the result of Diploma examination of Metallurgical/Mechanical subject and to allow them to fill up the form and appear in the ensuing examination of Advance Diploma. 2. It has been stated that the petitioners were admitted in the Institute on the condition that they will furnish diploma of the respective subject after publication of result. The examination is to be conducted by Science & Technology Department, Government of Jharkhand, Ranchi. 3. According to the petitioners, the said examination has not been held till date and, as such, they could not submit their diploma, as required by the Institute. In the meanwhile, the Institute is going to hold examination of Advance Diploma-to be commenced from 11th January,2012-but the authorities are not allowing the petitioners to fill up the form for appearing in the said examination on the ground that they have not submitted their diploma of the Polytechnic. 4. Learned counsel for the petitioners submitted that fault is not on the part of the petitioners as the diploma is to be awarded to them on the basis of the examination, which is to be held by Science & Technology Department, Government of Jharkhand, Ranchi, but the same has not been held till date. Learned counsel further submitted that in almost similar situation, students of other Institutes have been allowed by this Court to fill up the forms and appear in the examination provisionally, subject to the result of the Polytechnic Examination. 5. Learned counsel, appearing on behalf of the respondents, submitted that the petitioners were given admission in the Institute on the condition of submission of diploma of Polytechnic Examination. In spite of lapse of long time, they failed to submit diploma, as required by the Institute. In absence thereof, the petitioners are not entitled to fill up the forms and appear in the examination of Advance Diploma Examination. 6. I have heard learned counsel for the parties. It is an admitted fact that the petitioners' admission in the Institute was subject to submission of diploma of Polytechnic Examination. It is also an admitted fact that for one reason or the other, the examination of Polytechnic could not be held till date. 6. I have heard learned counsel for the parties. It is an admitted fact that the petitioners' admission in the Institute was subject to submission of diploma of Polytechnic Examination. It is also an admitted fact that for one reason or the other, the examination of Polytechnic could not be held till date. The petitioners could not submit diploma of Polytechnic Examination, under the said circumstance beyond their control. The diploma is to be awarded to them after their success in the Polytechnic Examination, which is yet to be held by Science & Technology Department, Government of Jharkhand, Ranchi. 7. In Amarjit Chandan & Others Vrs. Vinoba Bhave University, Hazaribagh & Others[W.P.(C) NO.6889 of 2011], this Court has directed the Vinoba Bhave University to allow the petitioners along with others similarly situated students to fill up the forms and appear in the examination to be conducted by B.I.T.Sindri provisionally subject to the result of Polytechnic Examination. 8. Considering the above, this writ petition is disposed of directing the respondents to allow the petitioners and other similarly situated students of the Institute to fill up the forms and appear in the examination of Advance Diploma Course provisionally, subject to the result of their Polytechnic Examination. 9. Let a copy of this order be handed over to learned counsel for the parties.