PRASUN KUMAR CHATTERJEE Vs. GOVERNING BODY OF RAJA SIVAPRASAD COLLEGE

JUDGEMENT

(1.) In this case the petitioners, who are two of the students of the Intermediate Science class in the Raja Siva Prasad College, Jharia, nave moved this Court for an appropriate writ directing the opposite party No. 2 (the Bihar University) to hold an Intermediate examination in Science for them and the other students of the college.

(2.) The material facts are not in dispute, and they are as follows: Both the petitioners joined the 1st year Science class of the college in July 1952 and attended the lectures for about two years. In 1953 they were registered as University students on payment of the registration fees. After they had studied for about two years they appeared at the Test examination of the college and were sent up for the University examination which was to be held in the year 1954. They paid the examination fees, and in the second week of February 1954, got their Admit Cards. On the basis of the Admit Cards they appeared at the examination, and on 16-2-1954 they sat at the examination held in English, Papers I ,and II. On 17-2-1954 they and the other students of their college who were sitting for the examination were informed that they would not be allowed to sit, and later on they learnt that the University had not granted to their college an affiliation in Intermediate Science with, effect from 1952 so as to enable the Intermediate Science students of this college to sit at the examination to be held in February 1954.

(3.) The contention of Mr. B.C. Ghose who has appeared balore us on behalf of the petitioners is that the circumstances of the case amply justify the issue of a writ, inasmuch as the University could not prevent the petitioners from sitting at the examination after Admit Cards had been issued to them, and the learned Counsel has also pointed to us in this connection that these petitioners had already been registered as University students. Mr. Ramesh Chandra Bhattacharjee, the ex-Principal of the college, has been made opposite party No. 3 in this case, and the learned Counsel for the petitioners has called to our attention the facts mentioned in his affidavit.