Vikram Kumar and Another vs State of Bihar and Others

Narayan Roy, J.—Heard counsel for the parties and considered the counter affidavit and reply to the counter affidavit filed on behalf of the parties.

This writ application has been filed for issuance of a direction upon the respondents Bihar Intermediate Education Council, Patna (hereinafter referred to as Bihar Intermediate Council) to allow petitioner No. 1 to appear in annual examination of Sessions 2003-2005 after accepting his fees and forms.

Petitioner No. 1 is a student of Nalanda Shodh Sansthan Evam Mahavidyalaya (Intermediate Section) hereinafter referred to as Mahavidyalaya). According to the case of the petitioners, petitioner no. 1 was admitted in Mahavidyalaya in intermediate course but he is not being allowed to appear in the annual examination for the Sessions 2003-2005 as his fees and forms are not being accepted whereas according to the case of Bihar Intermediate Council, the Mahavidyalaya in question has not been recognized by it and in that view of the matter the student of that Mahavidyalaya namely petitioner No. 1 cannot be allowed to appear in the annual examination.

Mr. Sinha, learned counsel for the petitioner, however, submitted that since petitioner no. 1 was admitted in the Mahavidyalaya, he was not at fault in prosecuting his studies and taking a sympathetical view of the matter, respondent Bihar Intermediate Education Council should allow him to appear in the examination.

This Court repeatedly in several cases, has held that students of an unrecognized institution cannot be allowed to appear in the examination owing to mashroom growth of institutions.

The question which has arisen in this case is covered by the judgments of this Court as contained in Annextures E, F and I to the counter affidavit. So far question of sympathy is concerned, in my opinion, the Court need not go on compassion or sympathy permitting a thing which would not be permissible in law. The mandate of law, in that view of the matter, cannot be given a good bye acting upon compassion or sympathy. In this connection, reference may be made to the case of C.B.S.E. and Another Vs. P. Sunil Kumar and Others,

For the reasons aforementioned therefore, I find no merit in this application which is accordingly dismissed.