AMBIKA MANDAL Vs. STATE OF BIHAR WITH

JUDGEMENT

(1.) HEARD learned counsel for the petitioners, for the State and learned counsel for the B.R.A. Bihar University.

(2.) ADMISSIONS were granted in the Government Teachers Training College, Turki, Muzaffarpur for the B.Ed. Course for the Session 1983 -1984. The examinations for the course were conducted in 1987. CWJC No. 373 of 1987 was instituted for publication of results. Issues were raised of the genuineness of admissions and constitution of an Enquiry Committee. No report of the Committee was placed before the Court. The State contended that a copy of the report shall be forwarded to the University for publication of results of eligible candidates. It was noticed that the total number of candidates, who appeared at the examination, was 328. This Court, therefore, directed the University to publish the result of the candidates within the time prescribed. Liberty was further granted that, if as per the reports, any of the petitioners therein were not genuine candidates; the University was not obliged to publish their results. Non -publication of the results led to institution of a Contempt Application (MJC No. 603 of 1989). Disposing of the contempt matter on 8.8.1990, this Court concluded that on facts it was difficult to hold any flouting of the orders of the Court. It was, however, directed that the State should make all out efforts by an impartial enquiry as to whether some of the writ petitioners at least are genuine or not inasmuch as it was the bounden duty of the University to publish their results.

(3.) THE State Government thereafter published a Notice on 5.9.1991 under the signature of the Special Director (Primary Education) requiring those, who had attended the Course for the Session 1983. -1984, to appear before him with relevant documents in support of their claim for being genuine candidates. The factum, authority and jurisdiction of this Enquiry Committee are not in controversy in between the parties at all. Then followed an enquiry report of this One Man Committee dated 7.2.1992.