Bankim Chandra Ray, J. - (1.) The two petitioners, Dr. Jitendra Nath Banerjee and Sri Jayanta Banerjee, son of Dr. Jitendra Nath Banerjee moved an application under Article 226 of the Constitution of India, challenging and/or assailing the improper constitution of the West Bengal Board of Examination for admission to the Engineering, Medical and Technological Degree Colleges and also the irregular and arbitrary procedure adopted by the Board of Examiners in the matter of assessment of the examination papers submitted by the candidates appearing at the said Examination and also in the matter of conducting and publishing the results of the Joint Entrance Examination of 1982.
(2.) On hearing the petitioners this Court by an order dated 30th July, 1982 directed the petitioners to serve copies of the application on the respondents with a notice mentioning specifically that the matter was specially fixed for hearing on 4th of August, 1982 at the first sitting of the Court. An interim order was made on the following terms:- "In the meantime there will be an interim order restraining the respondents from giving effect -to the impugned results of the Joint Entrance Examination held in 1982 and they are also directed to produce the results that have been published first on 30. 6. 82 as well as the subsequent results before this Court on that day and they shall also preserve all the papers of the examinees." Pursuant to this direction copies of this application have been sent to the respondent Nos. 2, 3 and 4 under registered covers with acknowledgement due and the receipts granted by the Postal Department have been annexed to the Affidavit of Service sworn on 3rd August, 1982. It has also been stated in the Affidavit of Service that a copy of the application has been served in the office of the Government Pleader of this Court and the same was accepted on 3rd August, 1982. The relevant receipts have also been annexed in the Affidavit of Service.
(3.) On the 4th August, 1982, eight applications for addition of parties have been filed pursuant to the leave asked for by the petitioners for moving the writ application not only on behalf of the petitioners but also in a representative capacity on behalf of the other parties interested in the result of the present case, who may join and/or contest in accordance with law. As those applications for addition of parties were not opposed by the petitioners they were allowed and the petitioners were permitted to be added as petitioners in the main writ application. On 5th August, 1982 two other applications for addition of parties have been filed and the same were also allowed by this Court. Subsequently, however, on 6th August, 1982, another eight applications have been filed for being added as petitioners in the said writ application. A separate writ application was filed praying for not giving effect to the results of the aforesaid Examination for admission in the Medical Degree Colleges published by the said Board.;