Telangana High Court
WP/17836/2010 of Mohd.Ghouse Vs The Director of Employment and Training, BRKR Bhavan on 31 December 2010
COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.17836 of 2010 BETWEEN Mohd. Ghouse. ... PETITIONER AND The Director of Employement
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD(Special Original Jurisdiction)
FRIDAY, THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TEN
PRESENT
THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR
WRIT PETITION No.17836 of 2010
BETWEEN
Mohd. Ghouse.
AND
... PETITIONER
The Director of Employement and Training, BRKR Bhavan, Tank BundRoad, Hyderabad and two others.
...RESPONDENTS
Counsel for the Petitioner: MR. V. RAVIKIRAN RAOCounsel for the Respondents: GP FOR EMPLOYMENT & TRAINING
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ORDER:
Petitioner states that he appeared for Trade Test in the Trade ofDraughtsman Civil as private candidate in March 1999. It appears that he isworking as Junior Technical Officer in the office of the Executive Engineer,R&B NH Division, Perkit, Nizamabad District.
2. Grievance of the petitioner in the present writ petition is that thoughhe is qualified for the examination of All India Trade Test conducted by theNational Council for Vocational Training scheduled to be held on 23.07.2010,his hall ticket was not sent by Regional Deputy Director (APP), Hyderabad tothe Principal, Government ITI (Boys), Nizambad, to enable him to appear forthe said examination.
3. This Court while admitting the writ petition on 23.07.2010 issuedinterim direction as prayed for and further directed that the result of theexamination shall not be declared until further orders.
4. Petitioner has now filed WPMP.No.40045 of 2010 stating that thoughhe has obtained the hall ticket, in view of the fact that the test commenced on23.07.2010 and though the order of this Court also is of the said date, onaccount of the time taken in securing the hall ticket as per the interimdirection, he could not appear for the test dated 23.07.2010. In other words,the examination scheduled on that date with regard to subject of SocialStudies, could not be attempted by the petitioner and consequently, thoughhe has appeared for the rest of the examinations, petitioner now accepts theposition that his result would be ‘failed result’, as he has not appeared for onepaper on 23.07.2010. He, therefore, submits that the supplementaryexamination is being conducted and the last date for payment of fees is on14.12.2010. He, therefore, filed the present application on 07.12.2010seeking declaration of results so that he can at least appear for thesupplementary examination. His complaint is that though he knows the resultand accepts that he would have failed in the said examination dated23.07.2010, on account of the orders passed by this Court dated 23.07.2010not to declare the results, even the fees for supplementary examination is not being accepted by thethird respondent.
5. After hearing both sides and considering the facts, as above, in view of the fact that the petitioner himself has reconciled to the fact that hehas failed in the said examination, the formal declaration of result would atleast enable him to appear for the supplementary examination by paying thefees therefor. It would, therefore, be appropriate to dispose of this writ petitionwith the following directions:
1. The respondents shall declare the result of the petitioner relatingto the examination held from 23.07.2010 to 29.07.2010 for theTrade Test conducted by the National Council for VocationalTraining. to the examination held from 23.07.2010 to 29.07.2010 for theTrade Test conducted by the National Council for VocationalTraining.
2. As the petitioner himself accepts that he has failed in the saidtest on account of non-appearance for first paper, petitioner shallbe at liberty to appear for the supplementary examinationscheduled to be held, though the last date for payment of fees forsupplementary examination is also over by 14.12.2010.test on account of non-appearance for first paper, petitioner shallbe at liberty to appear for the supplementary examinationscheduled to be held, though the last date for payment of fees forsupplementary examination is also over by 14.12.2010.
3. Respondent No.3 shall accept the examination fees from thepetitioner with late fee as per rules and permit the petitioner toappear for the supplementary examination.petitioner with late fee as per rules and permit the petitioner toappear for the supplementary examination.
There shall be no order as to costs.
December 31, 2010Note:Furnish C.C. of the order in one week. (B/o) DSK
_____________________VILAS V. AFZULPURKAR, J