IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5539 of 2008 UPENDRA KUMAR Versus THE STATE OF BIHAR & ORS ----------- 5. 25/09/2008 Heard learned counsel for the petitioner and learned counsel for the Board. Case of the petitioner is that having completed the course of Physical Education Training from Fakruddin Ali Ahmad Physical Training College, Ramnagar, West champaran in the academic sessions 1985-86, he appeared in the examination held by the Board from 28.7.1987. However, when result of the petitioner was not published, he approached the authorities of the Board but to no avail. Therefore, he has approached this Court. A counter affidavit has been filed in the case in which Board has taken a stand that as the petitioner was underage on the date of his admission, he could not be held eligible for appearing in the examination, and therefore, his result was not published. It is stated in the counter affidavit that as per the Government instructions, age for admission in Physical Education and Training College is between 18 to 24 years at the time of admission. However, - 2 - since the petitioner was 17 years nine months old on the date of admission, he was not eligible for admission in the course. Learned counsel for the petitioner submits that the respondents had taken admission of the petitioner with full eyes open and had allowed him to pursue the course and complete the same and appear in the examination. Therefore, now they are stopped from questioning the very admission of the petitioner at this stage. Learned counsel for the petitioner has also brought to the notice of this Court an order passed by a Bench of this Court in C.W.J.C.No.8909 of 2007 dated 18.3.2008 in respect of candidates of same institution and of same session, wherein this Court has held that after taking admission and after allowing them to appear in the examination, the authorities of the Board cannot refuse publication of the result on the ground that the candidates were either overage or underage. Therefore, the Board was directed to publish the result of the petitioners of that case. The order passed in the said case squarely applies in the case of the present - 3 - petitioner also. Therefore, following the ratio laid down by this Court in the said order dated 18.3.2008 passed in C.W.J.C.No.8909 of 2007, this writ application is allowed and the Board is directed to publish the result of the petitioner within one month from the date of receipt/production of a copy of this order. Pradeep/ (J. N. Singh, J.)