IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3786 of 2010 1. ABHISHEK KUMAR S/O SRI SANT KUMAR R/O VILL.- PARAIYA KHURD, P.O. AND P.S.- PARAIYA, DISTT.- GAYA Versus 1. THE STATE OF BIHAR THROUGH THE DIRECTOR EMPLOYMENT AND TRAINING, BIHAR, PATNA 2. EXAMINATION CONTROLLER, I.T.I. DIGHAGHAT, PATNA 3. PRINCIPAL I.T.I. DEHRI-ON-SONE, ROHTAS ----------- For the petitioner :- Mr. Mithilesh Kumar Upadhyay, Adv. For the State:- Mr. Pawan Kumar A.C. to G.P. 14 ------------- 2. 17.9.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks the declaration of his final result of the I.T.I. training course completed in 2002. Counsel for the petitioner submits that the mark sheet showing him as pass has been issued on 5.9.2003. Counsel for the respondent submits that the eligibility for admission was matriculate in first class. The petitioner was not eligible for admission in the course being matriculate second class. The result therefore cannot be published, the admission being wrong. The argument of the respondents stands best answered by the judgment of the Supreme Court in AIR 1990 SUPREME COURT 1075 "Sanatan Gauda v. Berhampur University" holding at Paragraph no.10 as follows:- “10. This is apart from the fact that I find that in the present case the appellant while securing his admission in the Law College had admittedly submitted his mark-sheet along with the application for admission. The Law College had admitted him. He had pursued his studies for two years. The University had also granted him the admission card for the Pre-Law and Intermediate Law examinations. He was permitted to appear in the said examinations. He was also admitted to the final year of the course. It is only at the stage of the declaration of his results of the Pre-Law and Inter-Law examinations that the University raised the objection to his so-called ineligibility to be admitted to the Law course. The University is, therefore, clearly estoped from refusing to declare the results of the appellant's examination or from preventing him from pursuing his final year course.” Let the respondents publish the final result of the petitioner within a maximum period of two weeks from the date of receipt/production of the copy of this order. The writ application stands allowed. P. Kumar ( Navin Sinha, J.)