Raj Kishor Singh vs The State of Bihar and Others

Mridula Mishra, J.—Heard learned counsel for the petitioner and the State. Petitioner had taken admission in Electrical Branch at Industrial Training Institute, Dehri-on-sone, Rohtas. After depositing full amount and after proper verification he got admitted in the session starting from August, 1999 to July, 2001. The admit card was issued. He completed his study for two years and thereafter he appeared in the examination for which he has filled up form and deposited fee which were accepted by the State Commercial Training Board, Bihar, Patna, and admit card was also issued in his favour by the Examination Board. Petitioner also appeared in the examination but his result was not published. Subsequently, he came to know that the result of the petitioner has been withheld for some reason which is not known to him. As such, he has filed this application.

Counter-affidavit has been filed on behalf of respondent Nos. 2 to 5 wherein an objection has been raised regarding the irregularity in the admission of the petitioner and several other candidates. It has been stated that irregularity was detected after completion of the examination and at tut time of publication of the result. Thereafter, enquiry was conducted and result has been kept pending till completion of the enquiry. Since petitioner''s admission was improper and not as per the guidelines of the admission rules issued by the Directorate, admission of the petitioner was cancelled.

The plea which has been taken by the respondent-authorities in the counter-affidavit cannot be entertained. If there was any illegality or irregularity in the admission of the petitioner, the respondents had sufficient time in between the two years training but no such objection was raised after the admission or during the training period of two years. Instead of raising any objection, fees and forms of the petitioner were accepted by the authorities and admit card was issued and he was allowed to appear in the examination. When the petitioner was allowed to appear in the examination, the plea which has been taken by the respondent-authorities regarding admission of the petitioner, not being as per guidelines of the admission rule of the Directorate, cannot be taken into consideration. It has been decided in so many cases by this Court that once the student has been allowed to take admission, continue his classes and appear in the examination, his result cannot be withheld on the ground that his admission was not proper and there was some irregularity in continuation with the classes of the petitioner. Accordingly, this application is allowed. Respondent Nos. 2 to 5 are directed to publish the result of the petitioner for the session 1999-2001 in which he had appeared in the Electrical Branch at Industrial Training Institute and issue certificate in favour of the petitioner. The result must be published within two weeks from the date of production/communication of this order.