ANAND MISHRA Vs. BIHAR SCHOOL EXAMINATION BOARD

JUDGEMENT

(1.) This application under Articles 226 and 227 of the Constitution of India by the 27 petitioners is for issue of a writ of mandamus directing the respondents to publish the results of the petitioners of teachers training school examination, held from 22nd to 26th July, 1969.

(2.) In order to appreciate the points involved in the application, it will be necessary to state certain facts which have been stated by the petitioners in their application as well as the supplementary affidavit and the counter-affidavit filed on behalf of respondents 1 to 3. The petitioners were the students of the Teachers Training School, Madhopatti, in the District of Darbhanga, and they had undergone a course of two years of training for the purpose of obtaining certificates of training. The aforesaid school is controlled by the Bihar Examination Board, Patna (respondent No. 1), hereinafter to be referred to as the "Board". After completing the two years course, the petitioners along with several other students appeared at the final examination on the dates mentioned above. According to the petitioners, they had completed 75 per cent of the lectures during the course of the two years training and were entitled to appear at the said examination. They filled up the examination forms and deposited the examination fees, which were accepted by the principal of the school and the Board. They also received their admit cards duly issued by the Board for appearing at the said examination and they appeared at the said examination. The results of some of the students who had appeared at the said examination were published on 12-1-1970 and a second list of successful students was published on 30-1-1970. The results of the petitioners, however, were not published. The principal of the school (Respondent No. 4) orally informed the petitioners that their results were withheld by the Board on the ground that their attendance in the classes was less than 90 per cent, although they had passed the said examination.

(3.) In the supplementary affidavit, the petitioners further stated that they were informed by the principal of the school (Respondent No. 4) that he had received letter No. 251 dated 19-5-1969 from the Board by which the Board had permitted the students, including the petitioners, who had completed 75 per cent of the lectures to appear at the said annual examination. The petitioners also enclosed a copy of the admit cards Annexure "1" to the supplementary affidavit. In paragraph 8 of the supplementary affidavit they further stated that the principal neither informed them that they had to complete 90 per cent of the lectures nor made any arrangement for classes to enable them to complete 90 per cent of the lectures.