Pankaj Kumar Saw vs V.C.,Vinoba Bhave University on 11 April, 2012

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Jharkhand High Court

Pankaj Kumar Saw vs V.C.,Vinoba Bhave University on 11 April, 2012

Bench: Narendra Nath Tiwari

           IN THE HIGH COURT OF JHARKHAND AT RANCHI
                          W.P.(C) No.6551 of 2011

           Pankaj Kumar Saw                                        .... Petitioner
                                    Versus
           Vice Chancellor, Vinoba Bhave University,
           Hazaribagh & Anr.                                        ...Respondents

           Coram : The Hon'ble Mr. Justice Narendra Nath Tiwari

           For the Petitioner          : Mr. Anil Kr. Sinha, Advocate
           For the Respondents         : M/s. Rajendra Prasad, Advocate
                                         I.Sen Choudhary, Advocate
                                   -----

6/11.04.2012

In this petition, the petitioner has prayed for quashing the order dated 22.09.2011(Annexure-7) whereby the petitioner's admission in B.Ed. Course(Sessions 2010-11) has been cancelled. The petitioner has further prayed for a direction on the respondents to publish the result of B.Ed. course(Sessions 2010-11) in which the petitioner had appeared.

It has been stated that the petitioner had taken admission in B.Ed. Course in Giridih College, Giridih for the Sessions 2010-11. He had furnished all the relevant certificates, including Educational Certificate, Caste Certificate, Sports Certificate. The same were duly verified before the petitioner was admitted. He , thereafter, completed the full course of B.Ed. But even after completion of the course, the petitioner was not allowed to fill up the Form on the ground that at the time of admission, he had submitted forged NCC certificate.

According to the petitioner, all the certificates submitted by him are genuine certificates and the allegation is wholly arbitrary and unfounded and he is entitled to appear in B.Ed. Examination,2011. By order dated 02.12.2011, the petitioner was allowed to appear in the examination provisionally subject to the result of this writ petition.

It has been submitted by learned counsel for the petitioner that the allegation of submitting forged certificate is false, frivolous and baseless, inasmuch as, the alleged defect has been maliciously pointed out at the time of filling up the Form only to ruin the petitioner's career with oblique motive as he was not able to please the interested persons. It has been submitted that the petitioner has appeared in the examination and has done well. The result of other candidates has been published, but the petitioner's result has been withheld in view of the condition in the interim order of this Court.

The respondent no.2-Giridih College, Giridih contested the petitioner's petition by filing counter affidavit. It has been stated, inter alia, that the petitioner had got admission by producing a forged NCC-'C' certificate and he was guilty of mis-representating and submitting a forged certificate for obtaining extra marks for the purpose of admission. The same was detected at the time of filling up the Form and his admission was cancelled on that basis.

.2.

When this case is taken up today, Mr. Rajendra Prasad, learned counsel, appearing on behalf of Principal of Giridih College-respondent no.2, submitted that the said order of cancellation was issued under some misconception. The petitioner, in fact, had not submitted any forged certificate. He had submitted NCC-'A' certificate with Grade-'C' along with other certificates. The misconception was due to complaint that the petitioner had submitted forged NCC-'C' certificate. Learned counsel submitted that the same was subsequently detected after filing of the counter affidavit in this case that the petitioner had actually produced NCC-'A' certificate with Grade-'C'. Learned counsel has realized the mistake and has submitted that he will file an affidavit to that effect within one or two days.

In view of the statement made by Mr. Rajendra Prasad, who is a fairly senior counsel of this Court, action against the petitioner by the college is taken as unintentional and due to sheer mistake.

Now, since the College itself has admitted that the petitioner had not submitted any forged certificate and that the order of cancellation of the petitioner's admission was based on the said misconception of the college authority, without going further in other facts, this writ petition is allowed. The order of cancellation dated 22.09.2011(Annexure-7) is quashed.

The respondents are directed to publish the petitioner's result within two weeks.

( Narendra Nath Tiwari, J.) s.b.

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