IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14788 of 2006 MANOJ KUMAR & ANR Versus THE STATE OF BIHAR & ORS ---------- For Petitioner : Pankaj Kumar Sinha, Adv. For the State : Mr. B.K.P. Sinha, G.P.III, Mrs. Sunita Kumari, J.C. to G.P. III. For the College : Dharmeshwar Mishra,Adv. (Res.no. 6 & 7) For University : Nivedita Nirvikar, Adv. --------- 4 24.07.2008 Heard learned counsel for the petitioner and learned counsel for respondent nos. 4, 5, 6 and 7. Petitioner no.1 claims to be a student of 1996-97 session of B.Ed Course from Dr. Zakir Hussain Teachers Training College, Laheria Sarai, Darbhanga. Petitioner no. 2 claims to be a student of 1997-98 batch of the same course from the same Institution. The grievances of the petitioner is that inspite of their filling up forms and depositing the fee with the college, no admit card was issued by the university for allowing them to appear in the examination for the respective sessions. In support of deposit of fee and form, petitioners have enclosed some receipts which are annexed as Annexure- 1 and 2 series. From Annexure-3 it transpires that 2 notice was issued by the college under the signature of the Principal inviting application for appearing in the examination of the sessions 1997-98, 1998-99 and 1999-2000 in September, 2000. The candidates desirous to appear in examination were required to fill up the form and deposit the fee for the ensuing examination of October, 2000. The grievance of the petitioners is that they have filled up the forms and deposited the fee in college which was forwarded to the University for issue of admit cards to appear in the examination, but admit cards were not issued and till now the petitioners have not been allowed to appear in the examination. It can be presumed that those examinations were held some times in 2000 or early 2001. However, there is nothing on record to show that after non-issue of admit cards, petitioners approached the university immediately, raised their grievance against non-issue of admit cards and made any attempt to appear in the ensuing examination. This writ application has been filed in 2006 after lapse of six years of holding of examination. 3 Learned counsel for the petitioner has drawn the attention of this Court to a legal notice, as contained in Annexure-5, from which it appears that petitioners have woke up in 2006 only and not before. Learned counsel for the respondents submits that the course of B.Ed has under-gone drastic changes and students of old course can not be allowed to appear in any examination held under new course. Learned counsel for the respondent nos. 6 and 7 has drawn the attention of this court to Annexure-A to the counter affidavit, an order passed on 27.11.2006 in C.W.J.C. No. 4764 of 2006, from which it appears that this court in somehow identical circumstances rejected the claim of the candidates finding that students of old course could not be allowed to appear in the examination held under new course. It is apparent that petitioners were not diligent in pursuing their claim before university immediately after coming to know that their admit cards had not been issued inspite of the filling up form and deposit of 4 fee with the college which were allegedly duly forwarded to the University. Now the course has changed and the petitioners can not be allowed to appear in the examination which is held under new course, and therefore, the claim of the petitioners can not be accepted. In the result this writ application is dismissed. However, the respondents are directed to consider the claim of the petitioners to refund the fee deposited by the petitioners for appearing in the examination as they could not appear in the examination allegedly due to non-issue of admit cards and pass appropriate orders for the same. . Arvind/ ( J.N.Singh,J.)