VIJAY KUMAR Vs. PATNA UNIVERSITY

JUDGEMENT

(1.) AN entrance examination was conducted by Patna University, Patna. This examination as was conducted was for admission in B.Ed. Course to be conducted by Patna University, Patna. It was held out that 80% of the seals available in the B.Ed. Course shall be given to students of Patna University and remaining 20% will be given to the students of other Universities. Petitioner was a student of Jai Prakash University, Chapra. He participated in the said entrance examination. Thereupon his Roll No. was published in the newspaper. He was then called by a letter dated 1st May, 2006 to meet the Principal, Patna Training College, Patna between 8.00 AM to 10.30 A.M. alongwith the documents mentioned in the said letter. It was held out in the said letter written by the Admission Incharge, Patna Training College that the petitioner has been provisionally selected for admission in B.Ed. Course, Session 2005 -2006, Patna University, Patna. According to the petitioner, he went and met the Principal of Patna Training College on the appointed date and time, but he was not admitted and hence this writ petition.

(2.) IN the counter affidavit it has been stated that the petitioner secured 78 marks whereas the cut -off marks was 81 for other Universities in the category of the petitioner and accordingly a mistake was committed when the Roll No. of the petitioner was published in the newspaper alongwith other successful candidates. It was staled that this mistake continued even when the letter dated 1st May, 2006 was issued to the petitioner. No attempt, however, has been made to produce the answer script of the petitioner showing that the petitioner has received 78 marks and at the same time no effort has been made to produce the paper of the last person admitted, who belongs to the category of the petitioner, and who, according to the respondents, obtained 81 marks. Accordingly, apart from the statements, as above, there is nothing to establish that the statements so made have any basis or foundation. When the Patna University by a notification published in the newspaper held out to the world at large that the petitioner has been selected to be admitted in the College and for the course in question and when the Admission Incharge, Patna Training College, Patna represented to the petitioner in writing that he has been provisionally selected for admission, if their statements that those things were made by mistake and that the reason for mistake was the petitioner obtained less marks than the cut -off marks, the same will not do. It was the requirement of law to establish that, in fact there is foundation of the facts upon which it is alleged that the petitioner was mistakenly announced to have been provisionally succeeded in the entrance examination.