PINKI SAH Vs. PINKI SAH

JUDGEMENT

(1.) Mr. Mazumdar, appearing for the petitioner, submitted that this writ petition has been filed for re-allotment of seats to the petitioner in R.V.S. College of Engineering and Technology, Jamshedpur in place of Ram Govind Institute of Technology, Koderma. He further submitted that by interim order dated 26.8.2009 passed by this Court, the petitioner was permitted to appear in the examination provisionally. He, referred to Paragraph-10 of the counter affidavit filed on behalf of respondent No. 2-J.C.E.C.E.B., in which it is said that petitioner has already been admitted in R.V.S. College of Engineering and Technology, Jamshedpur and no other candidate has raised any objection regarding admission; and that there is no minimum cut off mark for taking admission in 3rd Semester and in the circumstances, the J.C.E.C.E. Board has no objection, if registration is granted by the University as far as allotment of the candidate is concerned. Counsel for the State, appearing for respondent No. 1 Department of Science and Technology, objected to the prayer of the petitioner saying that if such prayer is allowed it will open flood gate, and it will be unhealthy practice.

(2.) Mr. Mehta, appearing for the Ranchi University, referring to the Paragraph-13 of the counter affidavit filed on behalf of respondent No. 5, submitted that registration of such candidates is given effect to only upon clearance by the Permanent committee set up by the Science and Technology Department, Government of Jharkhand, as such the petitioner's candidature has not been registered by the University.

(3.) In reply, Mr. Mazumdar, referred to Annexure-10 dated 17.4.2009 i.e. the minutes of the 13th Meeting of the Permanent committee to show that though the committee found that such admission will be unhealthy practice as it will help institutions by admitting such students who have been found fit for other institution by a competent authority to the loss of that institution to which the candidate has been allotted by the competent authority, but if RGIT, Koderma has got no objection in admitting the student by RVSCET against the direction of JCECE Board, then the matter may be otherwise. He submitted that in the present case, the RGIT, Koderma has given no objection vide Annexure-11.