SAYED SADIK AKHTER SON OF SYED SHAM SUDDIN Vs. L.N. MITHILA UNIVERSITY DARBHANGA THROUGH THE VICE CHANCELLOR

JUDGEMENT

(1.) In this writ application when it was filed on 29.8.2006, the prayer of the petitioners had read as follows:-

(2.) In the writ application, it was stated that upon entrance examination held on 29.8.2004 in S.M. Zaheer Alam Teacher's Training College, Bahera, Darbhanga (hereinafter to be referred to as 'the college') for admission in Bachelor of Education Court (B.Ed.) on 29.8.2004 in 2004-05 session, the petitioners had been selected whereafter they were admitted in between 6.9.2004 to 25.9.2004 as would stand supported from the receipt granted by the college acknowledging deposit of tuition fee for the B.Ed. Course of the session 2004-05. The petitioners have also stated that subsequently, the L.N.M. University, Darbhanga had also registered them by issuing the registration receipt in support of which they have annexed one such registration slip as contained in Annexure-3 series. The petitioners have also claimed that in January, 2006 when the final examination was notified by the University, they had filled up examination form for which they were also issued admission card (popularly known as Admit Card) by the University, whereafter, they had appeared in the examination held in the month of March, 2006 which was followed by a practical examination held in the month of April, 2006.

(3.) According to the petitioners, the result of the aforementioned examination was declared by the University in July, 2006 but, the result of the petitioners was kept pending. Subsequently, the petitioners claim that their candidature itself was cancelled by the University by issuing press communiqu published in Dainik Jagran and Hindustan (Hindi) on 9.8.2006, whereafter, the Principal of the college had taken up the matter with the authorities of the University. The petitioners have alleged that the said cancellation of the candidature was made because of a biased report submitted by the Investigating Committee of the University constituted to examine the fairness of the admission procedure in the B.Ed. Course in the college. The petitioners have alleged that the members of the Investigating Committee consisting of Dr. Balmiki Prasad Singh and Dr. Ishwar Chandra Verma and other University Officers had demanded ten sheets for admission of the candidate in B.Ed. Course for the session 2006-07 and Dr. Balmiki Prasad Singh, one of the members of the Inspection Committee, had in fact sent documents and photographs of one Bhawani, his daughter-in-law for admission in the B.Ed. Course of Sessions 2006-07 and as the admission to Bhawani in the B.Ed. Course was not given by the authorities of the college, it had led to the cancellation of the candidature of the petitioners. According to the petitioners, the respondent University had neither disclosed any reason for withholding of the result nor had given them any notice and/or opportunity of hearing before cancelling of their candidature.