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2019 DIGILAW 1365 (PAT)

Randhir Kumar Singh v. State of Bihar

2019-10-14

ANIL KUMAR UPADHYAY

body2019
ORDER Heard learned counsel for the petitioner and the respondents. 2. The petitioner has approached this Court for a direction to the respondents to publish the result of D.El.Ed examination held in March 2019. 3. Learned counsel for the petitioner submits that the petitioner has appeared D.El.Ed. Examination and has cleared the same, but the respondents are not issuing the final marksheet and the certificate. 4. Mr. Rajesh Kumar Verma, learned counsel for the respondents submits that the petitioner was not eligible to appear at the examination, as at the time of submission of form, the petitioner was only matriculate, whereas the requirement is passing +2 examination with 50% marks. 5. Learned counsel for the petitioner clarifies that before passing the D.El.Ed. Examination, the petitioner has already cleared +2 examination and as such on the date of publication of result of D.El.Ed., the petitioner was duly eligible, as he has already obtained 50% marks in +2 examination. 6. The issue as to eligibility under the requirement of regulation and allowing candidates with open eye by the University in teeth of University Regulation was considered by the Apex Court in the case of Shri Krishna vs. The Kurukshetra University, reported in AIR 1976 SC 376 . 7. Since the respondents with open eye allowed the petitioner to appear in the D.El.Ed. Examination and on the date of final publication of result of D.El.Ed. Examination, the petitioner has cleared +2 examination with 50% marks and, therefore, the not publication of result of D.El.Ed. Examination of the petitioner holding that the petitioner has not possessed the requisite qualification is erroneous. 8. Under the aforesaid circumstance, relying upon the judgment of the Apex Court in the case of Shri Krishna vs. The Kurukshetra University (supra), the Court is constraied to allow the writ application. The respondents are directed to publish the result of the petitioner of D.El.Ed. Examination and issue certificates at the earliest preferably within a period of three months from the date of receipt/production of a copy of this order. 9. With the aforesaid, this application stands disposed of.