IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.20100 of 2010 RAJ KUMAR NIRALA &ANR . Versus THE STATE OF BIHAR & ORS . ----------- 3/ 21/06/2011 Heard learned counsel for the petitioners, the State and for the B.R.A. Bihar University, Muzaffarpur. The petitioners seek permission to appear at the B.Ed. examination which was to commence from 14.12.2010. The examination is stated to have been re- scheduled and it is submitted on behalf of the petitioner that it is yet to be held. The petitioners are students of the Government Teachers’ Training College, Turky at Muzaffarpur for the session 2006-2007. They urge that they filled up their examination fees and forms in February, 2008. Their fees and forms were not forwarded to the University when they apprehended denial of permission to sit at the examination leading to the present writ application. On 13.12.2010 the Court observed that since the petitioners appear to have approached the Court at the penultimate point of time before the examination on 14.12.2010, it was not possible to pass any interim order. That has now lost its relevance in view of the examination having been re-scheduled. It was however 2 observed that if the petitioners were wrongfully being deprived of the opportunity for no fault of theirs, the Court may order holding of a special examination. Even that is not relevant now. The Court then directed the University to hold an enquiry of the circumstances why the petitioners’ examination forms were not sent in due time and who was responsible. Despite the passage of nearly six months, no counter affidavit has been filed by the State. Two counter affidavits have been filed by the University. Paragraph-3 of the first affidavit states that the college was a government aided training college. The college was required to forward the fees and forms to the University. The second affidavit of the University states that in terms of the directions of this Court an enquiry was held by the University Authorities by a three man committee. The college was found wanting as mentioned in paragraph-4 of the same leading to the University not permitting them to appear at the examination. The State prolongs this litigation by refusing to assist the Court in timely dispensation of justice by filing counter affidavit. In view of the affidavits filed by the University, directions are issued to the Director, Research and 3 Training, Human Resources Development Department, Government of Bihar at Patna to ensure that the fees and forms of the petitioners are forwarded in accordance with law to the University well in time to ensure that if otherwise eligible, the petitioners are not deprived of the opportunity to appear at the re- scheduled examination for the B.Ed. course. The Director shall ensure that the order is complied with within a maximum period of one month from the date of receipt/production of a copy of this order before him. The writ application stands disposed. KC ( Navin Sinha, J.)