ASHOK KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN the instant writ application the petitioner is the Principal of Kushwaha Somari Triloki College, Salempur (hereinafter to be referred to as "K.S.T. College"), in the District of Nalanda, established in the year, 1983. The College was granted affiliation by Magadh University on 14.3.1986. The College has been one of the centres for various examinations conducted by Bihar School Examination Board and other educational bodies. However, the District Magistrate, Nalanda, respondent no.2, vide his letter dated 2nd March, 2006 black listed the College and cancelled the centre for holding Secondary Examination. The petitioner challenged the aforesaid order contained in Letter No. 824 dated 2.3.2006 passed in writ application being C.W.J.C. No. 4041 of 2006. The petitioner submitted therein that no irregularities in respect to any examination was ever complained by the Executive Magistrate or any of the Invigilators.

(2.) IN the aforesaid writ this Court observed that a college cannot by way of right claim its premises as centre for holding of Intermediate or Matriculation Examination. It is the discretion of the University or the concerned Board in consultation with the District administration to choose a centre. However, if college is denied a centre for such examinations by the University or the Board on certain allegations, then this gives cause of action to it to challenge the same. This Court vide order dated 29.8.2006 found that the allegations contained in the letter No. 824 dated 2.3.2006 was wholly unjustified and, as such quashed the aforesaid letter and directed the District Magistrate, Nalanda to compensate the college by making payment of Rs. 20,000/ - A copy of the order dated 29.8.2006 is annexed as Annexure -1 to this application.

(3.) THE State filed L.P.A. No. 68 of 2006 which was dismissed for want of prosecution on 17.5.2007. It is not disputed that the M.J.C. application being M.J.C. No. 451/07 for its restoration is pending for consideration of this Court.