MUKTESHWAR KUMAR DAS Vs. STATE OF JHARKHAND
LAWS(JHAR)-2004-10-34
HIGH COURT OF JHARKHAND
Decided on October 07,2004

Mukteshwar Kumar Das Appellant
VERSUS
STATE OF JHARKHAND Respondents

JUDGEMENT

- (1.) HEARD the parties.
(2.) ALTHOUGH the Ranchi University has not been made a party, Mr. A.K. Mehta appeared for the Ranchi University and assisted this Court on behalf of the said University. There is no question of mandating Vinoba Bhave University to allow the petitioners to appear in the ensuing B.Ed. examination because of the peculiar facts and circumstances of this case. In 1987, the petitioners were appointed as Assistant Teachers in the Government Middle School. They were sponsored for training on 19.8.1992 (Annexure - 1) whereafter they were released for purposes of going back to their parent institution in their respective Schools. Thereafter the Ranchi University decided to hold the B.Ed. examinations for the Sessions 1990 -1991, 1991 -1992, 1992 - 1993 in February 1994 but that examination was postponed and was subsequently held on 9th August, 1994. The petitioners were registered with the ' Ranchi University for appearing in the said examination for the Session 1992 -1993. The petitioner No. 1 got Registration No. 20435 of 1977 of the Ranchi University while the petitioner No. 2 got Registration No. 16303 of 1986 of Ranchi University. These are specifically mentioned in Annexures 4 and 4/1 appended to the Writ Petition. Thus for all practical purposes, these two petitioners are registered students of the Ranchi University. It is stated that the petitioners appeared in the examination but they failed in one paper namely Optional Method Paper as a result of which they were declared to have failed. Thereafter, for reasons best known to the University concerned, no examinations were held in relation to the College concerned. In the meantime the Vinoba Bhave University had already come into existence.
(3.) NOW the petitioner wants a writ of mandamus upon the Vinoba Bhave University with a direction that they should be mandated to allow the participation of the petitioners in the ensuing B.Ed. examinations for the Session 2003 -04 in relation only to the subject in which they had failed.;


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