Aparesh Kumar Singh, J. - (1.) Heard counsel for the parties.
(2.) Writ petitioner in W.P.(C) No. 2690 of 2016 is the Institute while petitioners in W.P.(C) No.2647 of 2016 are the two students of the session 2015-16 of Electrical Engineering Branch for three years Diploma course who were denied registration in the examination scheduled for the first year course starting from 30th April, 2016 by the respondent-State Board of Technical Education Jharkhand.
(3.) The Institute is approved by the All India Council for Technical Education (A.I.C.T.E) with intake capacity of 315 students in various streams for three years Diploma courses such as Civil, Electrical, Mechanical and Mining Engineering. The Institute could get only 38 students through the Jharkhand Combined Entrance Examination Board for the session 2015-16 in all the courses. As per the procedure followed by the Department of Higher and Technical Education, the Institute was allowed to undertake admission through open counselling in the presence of departmental representative. It is not in dispute that 272 candidates were short-listed in open counselling in the presence of departmental representative, list of which has also been enclosed by the respondent Nos. 1 and 2 i.e. the Department of Higher and Technical Education and State Board of Technical Education, Jharkhand through their affidavits filed after the order dated 26th October, 2016.;