ORDER
Amareshwar Sahay, J.
1. Heard the parties.
2. The petitioner, who had appeared in the preliminary examination of Joint Combined Entrance Competitive Examination-2004, of which the result was published in the newspapers on 15.6.2004, and was not declared successful, has filed the present writ application for direction to respondent No. 3 Jharkhand Combined Entrance Competitive Examination Board for declaration of the result of the said preliminary examination in terms of Clause 5.2.4 read with Schedule 1, 2 and 3 of the Prospectus. The further prayer of the petitioner is for direction to the respondents to declare the petitioner to have qualified in the said preliminary examination and to allow her to appear in the main examination of Joint Combined Entrance Competitive Examination-2004, which is going to be held from 4.7.2004.
3. The grievance of the petitioner is that the respondent Board has committed several irregularities and illegalities in publication of the result and if, the Board could have published the result strictly in terms of the aforesaid Clause 5.2.4 then the petitioner must have qualified in the said preliminary examination but because of the arbitrary action of the Board, the petitioner and several other similarly situated are being deprived from appearing in the main examination, which is going to be held from 4th July, 2004.
4. Mrs. Jha, learned counsel appearing for the petitioner has very strenuously argued and has tried to demonstrate before the Court the irregularities committed by the Board in publishing the result by producing prospectus, issued by the Board.
5. Mr. Saurav Arun, learned counsel appearing for the Board by filing counter affidavit has explained that the result of the aforesaid preliminary examination was. declared in terms, of Clause 5.3.3. of the prospectus and that the allegation of commission of irregularities or illegalities as alleged by the petitioner is not correct.
6. It is specifically stated in the counter affidavit that “in terms of Clause 5.3.3 it has categorically stated that the candidates who obtain marks according to merit in Physics, Chemistry and Mathematics, their merit list will be prepared for opting Engineering and Architecture degree course and those candidates who obtain marks according to merit in Physics, Chemistry and Biology, their merit list will be prepared for opting MBBS and BVSc and AH Degree course and thereafter those candidates who obtain marks in Physics, Chemistry and Biology or Mathematics, their list will be prepared as per merit for opting Agriculture and Forestry degree course.”
7. It is further stated that for main examination altogether 4440 candidates has to appear and the list has again be prepared as per merit for each category in each subject group and out of 4440 candidates, only those candidates qualify according to merit will be called for counseling for opting seats as per choice. After filling the seats for PCB and PCM groups, another merit list is to be prepared out of remaining candidates of combined group i.e. PCB and PCM.
8. In view of the aforesaid facts and in view of the fact that the main examination is going to be held only day after tomorrow i.e. on 4.7.2004, no roving enquiry regarding the alleged irregularities and illegalities is desirable to be made by this Court at this last moment in exercise of the writ jurisdiction in the larger interest of the examinees, who are going to appear in the main examination on 4.7.2004.
9. Accordingly, this application is dismissed.