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Abhishek Kumar vs The State Of Bihar &Amp; Ors on 17 September, 2010

Patna High Court – Orders
Abhishek Kumar vs The State Of Bihar &Amp; Ors on 17 September, 2010
                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CWJC No.3786 of 2010
          1. ABHISHEK KUMAR S/O SRI SANT KUMAR R/O VILL.- PARAIYA
          KHURD, P.O. AND P.S.- PARAIYA, DISTT.- GAYA
                                   Versus
          1. THE STATE OF BIHAR THROUGH THE DIRECTOR
          EMPLOYMENT AND TRAINING, BIHAR, PATNA
          2. EXAMINATION CONTROLLER, I.T.I. DIGHAGHAT, PATNA
          3. PRINCIPAL I.T.I. DEHRI-ON-SONE, ROHTAS
                                      -----------

For the petitioner :- Mr. Mithilesh Kumar Upadhyay, Adv.
For the State:- Mr. Pawan Kumar A.C. to G.P. 14

————-

2. 17.9.2010 Heard learned counsel for the petitioner

and the State.

The petitioner seeks the declaration of his

final result of the I.T.I. training course completed in

2002.

Counsel for the petitioner submits that the

mark sheet showing him as pass has been issued on

5.9.2003.

Counsel for the respondent submits that

the eligibility for admission was matriculate in first

class. The petitioner was not eligible for admission in

the course being matriculate second class. The result

therefore cannot be published, the admission being

wrong.

The argument of the respondents stands

best answered by the judgment of the Supreme Court

in AIR 1990 SUPREME COURT 1075 “Sanatan Gauda

v. Berhampur University” holding at Paragraph no.10

as follows:-

“10. This is apart from the
fact that I find that in the present case
the appellant while securing his
admission in the Law College had
admittedly submitted his mark-sheet
along with the application for admission.
The Law College had admitted him. He
had pursued his studies for two years.
The University had also granted him the
admission card for the Pre-Law and
Intermediate Law examinations. He was
permitted to appear in the said
examinations. He was also admitted to
the final year of the course. It is only at
the stage of the declaration of his results
of the Pre-Law and Inter-Law
examinations that the University raised
the objection to his so-called ineligibility
to be admitted to the Law course. The
University is, therefore, clearly estoped
from refusing to declare the results of
the appellant’s examination or from
preventing him from pursuing his final
year course.”

Let the respondents publish the final result of

the petitioner within a maximum period of two weeks

from the date of receipt/production of the copy of this

order.

The writ application stands allowed.

P. Kumar                                                ( Navin Sinha, J.)
 

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