SANJEEV KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN CWJC No. 6973/1998: Raushan Rishu and another Vs. State of Bihar and others (A.I.R. 1999 Patna 99 : 1999(2) PLJR 24) this court had before it two students of the Maulana Azad College of Engineering and Technology, under the Magadh University. They were in the 1996 -2000 session of the Bachelor of Science (Engineering) course and due to the failure of the University to hold their 2nd year examination in time, they were still in the second year at the time of the filing of the writ petition in August, 1998. They made a grievance before this court that due to the failure of the University authorities to complete their annual session and hold the examinations in time, they were already made to suffer the loss of about one year and at that rate their four years' course which was supposed to be over in the year 2000, would not be complete before 2003 and they would thus lose three years even before they took up their careers as Engineering graduates.

(2.) IN that case after hearing counsel for the petitioners, the University and the Dean, Faculty of Engineering on a number of dates and after carefully considering the affidavits filed on their behalf, this court by order dated 3.2.1999 laid down a schedule for holding of examinations for the students of the 1996 -2000 sessions so that their course should be completed by November 2000. Also, extending upon some directions earlier given by a division Bench, this court gave further directions for the restoration and preservation of purity of the examination process. In the order passed in that case the schedule of examinations was fixed for the batch of 1996 -2000 but in so far as the other directions were concerned it was said that though mainly intended for the future sessions, those would also apply in so far relevant to the batch of 1996 -2000. Nothing was said in respect of the students of the earlier sessions who were yet to complete their courses and in retrospect it appears that that omission was a mistake because the University seems to consider it a sufficient excuse to refuse to hold their examinations and it takes the stand that the directions given in CWJC No.6973/1998 are not binding on it in so far as the students of the sessions prior to 1996. -2000 are concerned. If one thinks that the stand taken by the University is unbecoming of it, more is still to follow.

(3.) THE refusal of the University to hold the examinations of the students of the earlier session, though long overdue has forced two students of the earlier sessions to move this court with the prayer that the directions given to the University in CWJC No. 6973/1998 be extended to cover their cases as well and the University be directed to hold all pending examinations of the engineering course without any further delay and to publish the results of those examinations within a reasonable time. The petition filed by them is registered in this court as MJC No. 2172/1999. Sanjeev Kumar, petitioner no. 1 in this M.J.C. is a student of 3rd year in the Maulana Azad College of Engineering and Technology and Vishal Sharma is a student of 4th year (final year) of the same college. They claim to have filed this petition in a representative capacity, i.e., on their own behalf as well as on behalf of the other students of their respective batches.