RAJ KISHOR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and the State.

(2.) PETITIONER had taken admission in Electrical Branch at Industrial Training Institute, Dehri -on -sone, Rohtas. After depositing full amount and after proper verification he got admitted in the session starting from August, 1999 to July, 2001. The admit card was issued. He completed his study for two years and thereafter he appeared in the examination for which he has filled up form and deposited fee which were accepted by the State Commercial Training Board, Bihar, Patna, and admit card was also issued in his favour by the Examination Board. Petitioner also appeared in the examination but his result was not published. Subsequently, he came to know that the result of the petitioner has been withheld for some reason which is not known to him. As such, he has filed this application.

(3.) THE plea which has been taken by the respondent -authorities in the counter -affidavit cannot be entertained. If there was any illegality or irregularity in the admission of the petitioner, the respondents had sufficient time in between the two years training but no such objection was raised after the admission or during the training period of two years. Instead of raising any objection, fees and forms of the petitioner were accepted by the authorities and admit card was issued and he was allowed to appear in the examination. When the petitioner was allowed to appear in the examination, the plea which has been taken by the respondent -authorities regarding admission of the petitioner, not being as per guidelines of the admission rule of the Directorate, cannot be taken into consideration. It has been decided in so many cases by this Court that once the student has been allowed to take admission, continue his classes and appear in the examination, his result cannot be withheld on the ground that his admission was not proper and there was some irregularity in continuation with the classes of the petitioner.