IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14383 of 2009 1. RITU KUMARI D/O SHRI RAM PRAVESH PRASAD RESIDENT OF ANISHABAD, P.S GARDANIBAGH, TOWN AND DISTT- PATNA Versus 1. NALANDA OPEN UNIVERSITY , THROUGH ITS VICE- CHANCELLOR, BISCOMAUN BHAWAN, WEST GANDHI MAIDAN , PATNA 2. THE REGISTRAR, NALNDA OPEN UNIVERSITY BISCOMAUN BHAWAN, WEST GANDHI MAIDAN , PATNA 3. CHIEF CO- ORDINATOR OF NALANDA OPEN UNIVERSITY, BISCOMAUN BHAWAN, WEST GANDHI MAIDAN , PATNA 4. OFFICER - ON - SPECIAL DUTY, NALANDA OPEN UNIVERSITY BISCOMAUN BHAWAN, WEST GANDHI MAIDAN , PATNA ----------- 3/ 22/01/2010 Heard learned counsel for the petitioner and learned counsel for the State as also for the respondent Nalanda Open University. Counter affidavit has been filed on behalf of the University also. The University invited applications for admission in the 2009-2011 two years B.Ed. Course. The conditions of eligibility required the applicant to have worked as a teacher for at least two years in a Government recognized Primary/ Middle/ Secondary/Higher Secondary School either in temporary or permanent capacity. The petitioner who is stated to be a teacher of the Springdale Public High School, applied for such admission and was issued the admit card, appeared at the examination successfully, but is being denied admission on the ground that the institution was not affiliated to the 2 Central Board of Secondary Education ((hereinafter referred to as the „C.B.S.E.). Learned counsel for the petitioner submits that the school is a unit of the Leeds Asian Public School which has due recognition from the C.B.S.E. Learned counsel for the University submits that the list of recognized schools published by C.B.S.E. shows the name of the Leeds Asian Public School with its affiliation number at Item No.9, but makes no reference to the Springdale Public School. It is not the case of the petitioner that the Springdale Public School is affiliated directly to the C.B.S.E. It is her case that the school is a unit of the Leeds Asian Public School which has due recognition from C.B.S.E. It is not the case of the respondents that the recognition of the Leeds Asian Public School has been annulled by C.B.S.E. This specific stand of the petitioner has been dealt in a very evasive manner by the respondent University at paragraph-8 stating that it “does not inspire confidence”. The respondent 3 University cannot be allowed to proceed on assumptions and presumptions. In the instant case, the specific stand of the petitioner, not denied by the respondents but being answered evasively, admit card already having been issued and petitioner having passed the examination, let them declare the result and grant admission in accordance with law, forthwith. The writ application stands allowed. KC/ ( Navin Sinha, J.)