SUMIT MUKUL LAKRA Vs. EXAMINATION CONTROLLER INDUSTRIAL TRAINING INSTITUTE, RANCHI
LAWS(JHAR)-2009-7-197
HIGH COURT OF JHARKHAND
Decided on July 07,2009

Sumit Mukul Lakra Appellant
VERSUS
Examination Controller Industrial Training Institute, Ranchi Respondents

JUDGEMENT

- (1.) IN this writ petition the petitioner has prayed for a direction on the respondents to publish his result of All India Trade Test 2003 -05. The case of the petitioner is that the petitioner was a student of Don Bosco Industrial Training Centre, Kokar. Ranchi in Turner Trade. He was duly registered by the concerned authorities for the said Examination Test 2003 -05. He filled the examination form and paid examination fee. His form and examination fee was accepted. After necessary verifications, the admit card was issued to him for the said examination. The petitioner, thereafter, appeared in the examination. Result of the said examination was published, but the petitioner's result was not published. The petitioner was subsequently informed that his result was withheld because of shortage in the percentage of his attendance.
(2.) IT has been stated by the petitioner that he was suggested by the Assistant Director of the Board of Examination Controller to make up the shortage in percentage of attendance by attending extra classes/additional classes. Pursuant thereto, the petitioner attended the additional classes in Don Bosco Industrial Training Central, Kokar for about one and half months in the year 2006. The petitioner thereafter made representation to the Examination Controller through his Principal requesting him to publish his result, but the same has not been considered and the result has not been published till date. According to the petitioner, when the examination authorities accepted the examination fee and form filled up for examination and issued the admit card to appear in the examination and allowed him to complete the examination, they cannot withhold his result on the ground of the shortage of attendance which was to be verified before allowing him to appear in the examination. It has been further stated that that there was no fraud or misrepresentation on the part of the petitioner in appearing in the examination.
(3.) LEARNED counsel appearing on behalf of the petitioner submitted that it is now well settled that once a student is allowed to appear in the examination, his result cannot be withheld on the ground of deficiency of attendance. Even in case of any deficiency in attendance, the examination authorities having allowed him to appear with full knowledge of the facts are estopped from withholding his result.;


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