Ram Naresh Gingh vs The Bihar Intermediate Education Council and Others

Narayan Roy, J.—Heard counsel for the parties. This writ application was filed for issuance of direction to the Intermediate Council to allow the students of 2003-2004 for their appearance in Annual Examination.

Mr. Rajendra Prasad Singh, learned senior counsel for the petitioner, in view of annexures B and C to the counter affidavit does not want to press this application, as the question involved in this application is squarely covered by the judgments aforesaid. However, Mr. Singh, learned counsel, contended that altogether 93 students of the college in question have deposited fees etc. before the Intermediate Council for their appearance and the same have been accepted by the Intermediate Council, and, therefore, the fees so received by the Intermediate Council be returned to the petitioner.

Learned counsel for the Intermediate Council, however, has no objection to the prayer made by Mr. Singh, learned counsel for the petitioner and submits that the fee, if any, received from the students of the petitioner would be returned to the petitioner.

Considering the facts and circumstances of the case, the respondent Intermediate Council is directed to refund the fees so received by it of the students of the petitioner within a period of four weeks from today. With the direction/observation aforesaid, this application is dismissed.