RAKESH RANJAN Vs. STATE OF BIHAR AND ORS.

JUDGEMENT

(1.) This writ application has been filed by the Petitioner for issuance of a writ of mandamus directing the Convener of Combined Engineering Entrance Examination, 1992 (Respondent No. 3) and the Principal of Muzaffarpur Institute of Technology (Respondent No. 4) to admit the Petitioner in four year Engineering Degree course.

(2.) The Petitioner Rakesh Ranjan is the son of one Shri Ram Chandra Singh being resident of village Bihat, P.S. Barauni, lying in the district of Begusarai. Admittedly pursuant to the Petitioner's appearance at the aforesaid 'examination, he was selected for admission in the third list. Thereafter the Respondent Convener issued an interview letter to the Petitioner under registered letter bearing No. 414 dated 16.2.1993 as is evident from the statement made in paragraph 3 to the counter affidavit and an endorsement of Post-office to this effect (Annexure 'A'). According to this letter, the Petitioner was required to appear for interview on 28.2.1993. The case made out by the Petitioner in the writ application is that since the registered letter was never served upon him, therefore, he could not appear at the interview. But subsequently, having learnt that the persons having secured lesser marks than him have been given admission in the Engineering course, on 22nd March, 1993 he filed a representation before the Respondent Convener stating the said fad. But despite the aforesaid facts he has not been favoured with the admission in the desired course.

(3.) In the counter affidavit filed on behalf of the Convener four facts have been categorically stated. Those are (i) the information was sent to the Petitioner for interview under registered letter but the Petitioner did not appear at the interview pursuant thereto, (ii) the Petitioner was given the offer for admission as per the third list, which as per the practice and procedure was not required to be published in the leading newspaper, (iii) all seats in the Engineering course in question have been duly filled up and (iv) the leaching in all Engineering Colleges has much advanced and accordingly, as per the decision taken by the CEAC-92 in its meeting dated 28.2.1993, the admission to the course in question was closed on 15.3.1993. In support thereof a communication from Respondent No. 4 has been filed as Annexure 'C' to the counter affidavit.