Devi Prasad Singh, J. - (1.) 1.Heard learned counsel for the petitioner and the learned Standing counsel. Writ petition under Article 226 of the Constitution of India has been filed challenging the cancellation of C.T. Nursery Entrance Examinations, 2007.
(2.) THE submission of the learned counsel for the petitioner is that petitioner has applied for the C.T. Nursery Entrance examination but in spite of holding examination the selection process has been canceled by the respondents. Shri R.K.Srivastava, learned Standing counsel submits that since admit card of some of the students were not sent by the office, the entire examination has been canceled and denovo process has been started. It has been further submitted by the learned standing counsel that petitioner shall be permitted to appear in the examination without submitting fresh application form or deposition of fees. It has been submitted by Shri R.K.Srivastava, learned Standing counsel that the enquiry has been instituted against regulatory authority Smt. Geeta Agnihotri.
(3.) ON the other hand, learned counsel for the petitioner submits that result has been canceled malafidely. However no evidence have been brought on record to establish the case of malafide. No officer of the State government has been impleaded as respondents against whom the petitioner alleges malafide. Learned counsel for the petitioner has relied upon the judgment reported in JT 1999 (10) SC 29, Bhagwan Parshu Ram College and another Vs. State of Haryana and others; where Hon'ble Supreme Court had directed for appointment of candidates who were selected in examination. In the case of Bhagwan Parshu Ram, a select list was released and candidates who were succeeded in the examination had approached the court for appointment. The cancellation of select list was found to be malafide. In the present case still the result of the examination has not been declared and reason assigned by the State Government is that the admit cards were not issued to the substantial number of candidates hence denovo examination shall be held.;