PREMLATA ROY Vs. STATE

JUDGEMENT

(1.) In this application the petitioners seek issuance of Writ of mandamus directing the Respondents to consider the case of the petitioners for admission in the Teachers Training College for Women for the Session 1988-90.

(2.) According to the petitioners, they applied for their admission alongwith photostat copies of their marks and all other documents as per the requirement for admission but curiously persons who obtained lower marks were admitted in the College, and the petitioners were left out as would be evident from Annexure-3 of the writ petition.

(3.) According to the petitioners case they were married in the year 1985-86 in the district of Vaishali, which is their husband's home. As per the Government decision, the husband's home is the place of residence of their wives. In the counter-affidavit, filed on behalf of the State, it is not denied that the petitioners did not obtain higher marks than many of the candidates who have been admitted in the Training College, but the reason for non-consideration of the case of the petitioners, as disclosed in the counter affidavit is, the application forms did not accompany residence certificate. Supplementary affidavit on behalf of the petitioners has also been filed wherein it has been stated that apart from filing the residential certificate along with the application form, other accompanying papers showed the address of the in laws as also the place from where applications were sent. The petitioners have subsequently come to learn that the residential certificate attached to the application form got detached in the office. This the petitioners contend has been willfully made at the instance of interested person in order to defeat their claim for admission.