IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1419 of 2007 RABINDRA KUMAR MAHTO Versus THE STATE OF BIHAR & ORS ----------- For the Petitioner : M/s Rajesh Kumar & Akshay Lal Prasad,Adv. For the State : M/s N.K.Singh, S.C.VI and Jay Prakash Sharma, J.C. to S.C.VI ----------- 2 05/08/2008 This writ application has been filed by the petitioner for a direction to the respondents to issue completion certificate of course of Masonist from Industrial Training Institute, Muzaffarpur. Case of the petitioner is that he was admitted in the Institution in the Sessions 1998-2000 in the stream of Masonist. Thereafter, he pursued the course and after completing the same he was allowed to deposit examination form and fees for appearing in the examination in the year 2000. He was issued Admit Card. He did appear in the examination held on 20.7.2000. His result was published and certificate to that effect was issued by the Principal of the Institute dated 19.5.2001, as contained in Annexure-3. However, since the respondents refused to issue certificate to him of having passed the Course, this writ - 2 - application has been preferred. Respondents have filed counter affidavit stating therein that since petitioner’s admission in the Masonist stream in the Institution was beyond the sanctioned seat in the stream, therefore, his registration has been cancelled by order dated 16.11.2004. It is apparent that the petitioner was admitted by the authorities of the Institution and he was allowed to pursue the Course and fill up the forms and deposit fees and appear in the examination without any fraud or misrepresentation on the part of the petitioner. There is no allegation in the counter affidavit that the petitioner was in any way responsible for his admission in the Masonist stream of the Institution beyond the seats allotted to the Institution. Petitioner was allowed to pursue the course for two years and appear in the examination and he has indeed passed the examination as is evident from Annexure-3. There is no averment that during the entire period at any point of time petitioner was in any way responsible for the irregularity committed by the Institution. In - 3 - that view of the matter, it is not open to the respondents now to look back to the admission taken by the petitioner in the Institution and hold it as illegal. In the circumstances, this writ application is allowed. Respondents are directed to issue certificate to the petitioner of having passed the said examination within a period of one month from the date of receipt/production of a copy of this order. Pradeep/ (J. N. Singh,J.)