IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.20100 of 2010
RAJ KUMAR NIRALA &ANR
Versus
THE STATE OF BIHAR & ORS
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02 13.12.2010 With reference to letter dated 26.11.2010 (Annexure-4)
written by the Principal, Government Teachers Training College, Turky,
Muzaffarpur to the Director (Research and Training), Human Resources
Department, Government of Bihar, on behalf of petitioner, it is
submitted that apparently the name of the petitioners were not sent for
examination, even though, they were of the year 2006-07 B.Ed. batch of
the said institution and no reason is being ascribed for such an action.
The present Principal had, thus, requested for proper direction in the
issue.
Petitioners submit that from tomorrow (14.12.2010) B.Ed.
examination of the B.R. Ambedkar Bihar University, Muzaffarpur are to
commence, in such situation, they be permitted to appear.
From the facts, it is clear that the petitioners’ name and
forms ought to have been forwarded in the year 2006-07 itself. It was
not so sent and now when special examination for the said session is
being held, petitioners have approached this Court at the last moment.
University has not received any form in respect of the petitioners from
their College.
Be that as it may, in view of the late stage in which
petitioners have approached this Court, this Court is not in a position to
pass any interim order. However, it is made clear that if it is found that
the petitioners were wrongly deprived of the opportunity to appear in
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the University examination, the Court may order the University to hold
special examination at the cost of the erring Principal/person.
Let University seek instruction in the matter. University
would be obliged to discover and bring on record why petitioners’
examination forms were not sent in due time and, if it was wrongly so
done, who was responsible for this. University would make enquiries
expeditiously in this regard and file the information on affidavit in the
counter affidavit.
Put up this case under the heading “For Admission” as a
zero item on 17th January, 2011.
Trivedi/ (Navaniti Prasad Singh, J.)