MUKESH KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) In view of the facts and circumstances of this case and with consent of the parties, this appeal is being disposed of at the admission stage itself.

(2.) This L.P.A. by the writ -petitioners arises out of an order dated 13 -3 -1997 in C.W.J.C. No. 2380 of 1995(R) passed by the learned Single Judge dismissing the writ petition.

(3.) The essential facts giving rise to this appeal are these: The appellants pursuant to the notification issued by the State Govt. applied for their admission in Industrial Training Institute (General), Ranchi (hereinafter to be referred to as 'the Institute' for short) for the trades of their choice for the Sessions 1992 -93 and 1992 -94. It is also the case of the appellants that for the purpose of admission in the Institute no written examination is held and the merit is adjudged on the basis of the marks obtained in the matriculation examination. This fact has been admitted in the counter -affidavit in the instant appeal filed on behalf of respondents. 2(Principal of the Institute) and 3 (Director, Employment and Training, Department of Labour, Govt. of Bihar, Patna), sworn by respondent No, 2 himself with due authorisation. It is the case of the appellants that they were selected and admitted on the basis of the marks obtained in the matriculation examination on merit and began to attend their classes regularly. It is admitted position that their admission was cancelled by an office order dated 29 -12 -1992 and against that the appellants moved this Court in C.W.J.C. No. 100 of 1993 (R) which was disposed of by order dated 28 -1 -1993 with a direction to the respondents to afford due opportunity of hearing before cancellation of their admission. Thereafter, the appellants made a representation dated 29 -1 -1993 before respondent No. 2 to accord permission for attending their classes, a xerox copy of which is Annexure -1 to the writ petition, in view of the order of the Court in CWJC No. 100 of 1993 (R) which was allowed and they continued to prosecute their studies in the Institute. Appellant No. 1 (Mukesh Kumar Singh) was admitted in one year course, whereas the other appellants were admitted in the years course. Appellant No. 1 on completion of his course was issued admit -card and took his examination and some time in December 1993 (Xerox Copy of the admit -card is Annexure 3 to the writ petition), the result of appellant No. 1 was declared. A show cause was issued to the appellants by respondent No. 3 on 19 -1 -1994 as to why their admissions be not. cancelled. Annexure 4 to the writ petition is the xerox copy of such notice issued to appellant -Sunil Kumar Singh. The appellants gave a detailed reply in the matter. Appellants 2 to 7 were allowed to appear in the examination on completion of their two years course in July 1994 and by that time their show cause remained pending and in December 1994, the result was declared, but no marks -sheet was issued because their results were cancelled, whereupon the appellants made a detailed representation for publication of the results which was forwarded by respondent No. 2 to the Controller of Examination, Employment and Training, Industrial Training Institute, Digha Ghat, Patna, for consideration under letter No. 742 dated 26 -5 -1995 (Annexure -5 to the writ petition) and, ultimately, by office order dated 25 -7 -1995 the admission of the appellants to the Institute was cancelled by respondent No. 3. Annexure 6 is a copy of the communication made to appellant No. 1 (Mukesh Kumar Singh). Hence, the appellants brought the writ petition for a direction upon the respondents for publication of their results. No counter -affidavit, though opportunity had been given, was field on behalf of the respondents in the writ petition.