IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.19920 of 2010 Vimlendu Kumar, son of Anup Narain Singh, resident of Village and Post Sehdullahpur, Police Station Ganga Bridge, Hazipur, District Vaishali, At present residing at C/o Rajesh Yadav Lodge, Mohalla Hatiya Road, Tilka Manjhi, Police Station Tilka Manjhi, District Bhagalpur…………………………………..Petitioner Versus 1. The State Of Bihar through the Principal Secretary, Department of Science & Technology, Bihar, Patna. 2. The State Board of Technical Education Council through its Secretary, Bihar, Patna. 3. The Controller of Examination, State Board of Technical Education Council, Bihar, Patna. 4. The Principal, Government Polytechnic Bhagalpur. 5. The Principal, Bhagalpur Engineering College, Bhagalpur……………………………………Respondents ----------- 5 25.04.2011 Mr. D.K. Sinha, learned Additional Advocate General No.2 appears for the Controller of Examination. He, after going through the impugned order imposing punishment upon petitioner debarring him to appear in the examination of 2nd semester and the show cause notice given to the petitioner, as contained in Annexure-C and also earlier punishment order as contained Annexure-2 and Annexure-D with the counter affidavit, fairly accepts that there is no analogy in the matter due to which punishment order is fit to be withdrawn. He submits that 2 those allegations against the petitioner were something else and those are of abusing and manhandling with the Invigilator in the examination. The punishment order shows that petitioner is being debarred from appearing in the examination of 3rd semester on account of use of unfair means. Therefore, he accepts that apparently, punishment order is not correlated with the allegations levelled against the petitioner. In view of the fair stand of Mr. Sinha, the order as contained in Annexure- 5 is quashed. Petitioner shall be allowed to appear in the 3rd semester. However, this order will not prejudice the right of the respondents to take cognizance of the complaint made against him, as contained Annexure-A, and proceed in accordance with law after complying the Principles of Natural Justice. Learned counsel for the petitioner submits that result of the petitioner of the 1st semester has not been published on account of which petitioner may not be allowed to appear in the 2nd semester and 3 onwards. Since the order of punishment has been quashed, respondents are directed to publish result of petitioner of the 1st semester and allow him to appear in the 2nd semester. Personal appearance of the Examination Controller is dispensed with. The writ application is disposed of with the aforesaid observations and directions. BT (J. N. Singh, J.)